Mwai v Kenya Tourist Development Corporation [1983] KECA 68 (KLR)
- Court
- Court of Appeal
- Case number
- 68
- Citation
- [1983] KECA 68 (KLR)
- Decided
- 8 December 1983
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment of the Senior Resident Magistrate, KisumuCoramAs Hancox, A. A. Kneller, Z. R. Chesoni
Holding
The appeal is dismissed, and the costs follow the event.
Facts
The appellant sued the respondent corporation for Kshs 13,000 for delivering red soil to the Homa Bay Hotel. The respondent denied ordering or receiving the soil, and the trial magistrate and the first appeal judge found in favor of the appellant on the delivery issue.
Issues
- Whether the respondent corporation was liable for the delivery of red soil to the Homa Bay Hotel
- Whether the appellant could look to the corporation for payment for the soil
Reasoning
The learned judge held that the corporation was not liable for the delivery of the soil as it was not its agent and did not ratify the order. The appellant's claim was based on the corporation's responsibility for the capital development of the hotel, but there was no evidence of this.
Outcome
Appeal dismissed
Orders
- The respondent will owe the costs of this appeal
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…