JUDGMENT
Law JA These two appeals have been consolidated. The facts out of which they arise are as follows. The appellant in both appeals is a limited liability company which carries on the business of spinning cotton and manufacturing cotton material at Eldoret. The respondent is a Corporation carrying on the business of cotton brokers and dealers in cotton in Switzerland.
In early 1977, negotiations took place between the appellant and the respondent for the sale by the respondent to the appellant of certain quantities of Sudan Acala Raw Cotton. The cotton was to be shipped from Port Sudan at an agreed CIF Mombasa price.
Four printed contract forms were sent by the respondent to the appellant for signature by the appellant in Kenya.
These contracts were:
a) No 10377018 dated March 4, 1977 and signed by the appellant on March 31, 1977. (Contract 18).
b) No 10377037 dated March 23, 1977 and signed by the appellant on April 12, 1977. (Contract 37)
c) No 10377047 dated May 9, 1977. (Contract 4…