BAMBURI PORTLAND CEMENT COMPANY LIMITED vs MRS. PHILEMON OYIGO [1996] KECA 178 (KLR)
- Court
- Court of Appeal
- Case number
- 178
- Citation
- [1996] KECA 178 (KLR)
- Decided
- 11 October 1996
The appeal is dismissed with costs to the respondent.
Facts
The respondent, Mrs. Philemon Oyigo, was running the appellant, Bamburi Portland Cement Company Limited's staff canteen since 1985. The canteen was originally run by Ben Holland, and Oyigo started running it on his behalf. The appellant initially agreed to pay Shs.15/= per plate, but the respondent insisted on a minimum of Shs.25/= per plate. The tendering process resulted in a compensation of Shs.19.50 per plate.
Issues
- Whether the respondent's claim for Shs.25/= per plate was valid.
- Whether the compensation of Shs.19.50 per plate was appropriate.
Reasoning
The court found that both the appellant and the respondent agreed that the respondent should be compensated over and above the Shs.15/= per plate agreed upon. The court chose to use the respondent's figure of Shs.25/= per plate, rejecting the appellant's figure of Shs.19.50 per plate.
Outcome
Appeal dismissed
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