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SOUTH NYANZA SUGAR CO. LTD.
V.
KOPAR & ASSOCIATES LTD.

(1995) JELR 93466 (CA)

Court of Appeal 2 Feb 1995 Kenya
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Case Details

Suit Number:Civil Appeal 14 of 1993
Judges:Johnson Evan Gicheru, Abdul Majid Cockar
Location:Nairobi
Other Citations:South Nyanza Sugar Co. LTD. v. Kopar & Associates LTD. [1995] eKLR

JUDGMENT

Cockar Ag CJ. The respondent (hereafter Kopar) filed an action for general and special damages for breach of a four – year agency and / or brokerage contract committed by the appellant (hereafter Sony) and for defamation. Particulars of special damages are given in the plaint. The plaint also included a claim for damages for defamation.

Sony in its written statement of defence denied the existence of any four-year contract with Kopar and stated that the enforceable contract between them was for the period up to and did not go beyond the closing of the financial year of 1986/1987. With regard to the claim for defamation the defence pleaded qualified privilege.

Briefly the facts are that Kopar who are registered insurance agents (certificates Ex P1 (a) (b) and (c)) in response to tenders for insurance brokers and agents advertised by Sony, obtained quotations from American Life Insurance Co Ltd (Alico) in or about June, 1986, which were dispatched to Sony through Kopar with a forw…

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