JUDGEMENT OF THE COURT
In this appeal the appellant, Total (Kenya) Ltd challenges the damages and interest awarded to the respondent, Janevams Ltd by the High Court in a suit for breach of a dealership and operators agreement made between the parties on the 10th June 1987.
The brief facts of the case are that the appellant was at all material times a wholesale supplier of petroleum products while the respondent was an operator of a service station, which the appellant had contracted to sell its products. On 1st June 1987, the respondent entered into an agreement with the appellant granting the latter the right and licence to operate one of its service stations. The agreement provided amongst other terms that the appellant would deposit with the respondent Kshs 491,450 refundable with interest upon termination of the contract. In addition the respondent was required to achieve monthly sales targets specified in the agreement.
The respondent was also required to install and maintain such e…