JUDGMENT OF THE COURT
This is an appeal from the judgment of the superior court (Anyara Emukule, J.) dated 22nd November, 2004 dismissing the appellant’s suit with costs.
By a plaint dated 28th November, 2001 filed in the superior court, the appellant claimed Shs.29,400,000/= from the respondent:
“being the sum due and payable ...... under a contract and or letter of commitment and undertaking between the plaintiff and the defendant on 21st November, 1996 under which the plaintiff was to print and supply to the defendant a total of 98,000 membership security identification cards for its Nairobi Members at a cost price of Kshs.300/= per card”.
The appellant further pleaded that subsequent to the execution of the contract it embarked on mass production of Membership security cards samples at its cost; that the respondent in breach of the contract awarded the same contract to another competitor who virtually adopted the security card samples and design submitted to the respondent and virtual…