JUDGMENT OF THE COURT
1. This appeal originates from a suit that was filed in the High Court by Valentino’s Footwear Manufacturers Ltd (appellant), seeking judgement against Bata Shoe Company Limited (respondent), for general damages for breach of contract and loss of goodwill, and a sum of Kshs. 13,392,109.60 (thirteen million three hundred and ninety-two thousand and one hundred and nine shillings, cents sixty) being loss of revenue and profits. The suit was premised on the grounds that the respondent had breached an Exclusive Manufacturing Agreement (hereinafter referred to as the ‘contract’) dated 14th June 1988 that was entered into between the appellant and the respondent. The contract required the appellant to exclusively manufacture various types of ladies shoes for the respondent (hereinafter referred to as the ‘contract goods’).
2. The appellant pleaded that the respondent had unlawfully breached specific terms of the contract by, amongst other things, failing: to order suffic…