JUDGEMENT OF HANCOX, J.A
Under an Operator’s Agreement dated October 1, 1977 the appellant operated the WINAM petrol filling service station at Land Reference 1148/1532 in Kisumu, the purpose of which was to sell Caltex petroleum products and lubricants to members of the motoring public. The products were to be supplied to the appellant by Caltex Oil (Kenya) Limited, who is the Respondent to this appeal, and he was bound, under clause 6(a) of the Agreement to pay for them in cash at the time of delivery, or in such other manner as might from time to time be acceptable to Caltex.
Under sub-clause (k) of clause 6 the Appellant was obliged to give adequate notice to Caltex of his requirements. Mr Angir the sales representative of Caltex for the area, said 48 hours notice was necessary. His further obligations included the maintenance of adequate stocks, (clause 6(1)) the maintenance of true records of products sold (clause 6(c), and not to purchase petroleum products from sources other tha…