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WJ FAULKNER
V.
AGRICULTURAL DEVELOPMENT CORPORATION

(1978) JELR 93350 (CA)

Court of Appeal 17 Mar 1978 Kenya
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Case Details

Suit Number:Civil Appeal 37 of 1977
Judges:Eric John Ewen Law, Sir James Wicks, Samuel William Wako Wambuzi
Location:Nairobi
Other Citations:WJ Faulkner v. Agricultural Development Corporation [1978]eKLR

JUDGMENT

LAW JA

This is an appeal by the defendant in a civil suit tried in the High Court in which judgment was given for the plaintiff for Shs 78,800, with interest and costs. By its amended plaint, the plaintiff (now the respondent) claimed from the defendant (now the appellant) Shs 76,000 being the price of goods sold and delivered in 1969. In the course of the trial two further amendments were made to the amended plaint, on informal oral applications made by Mr Ransley, who represented the plaintiff at the trial and on this appeal. The first amendment, which was virtually unopposed by Mr Cassidy, who represented the defendant at the trial and on this appeal, had the effect of increasing the claim from Shs 76,000 to Shs 78,800. Nothing now turns on this amendment.

The second amendment was made as a result of Mr Ransley’s oral application after he had closed his case. It was that the reference to the year “1969” should be deleted from the plaint and replaced by references to the year…

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