VISOR SAW MILLS LTD v ATTORNEY GENERAL [1997] KECA 41 (KLR)
- Court
- Court of Appeal
- Case number
- 41
- Citation
- [1997] KECA 41 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment and decree of the High Court of KenyaCoramR. S. C. Omoło, P. K. Tunió, A. A. Lakha
Holding
The appeal is dismissed with costs as there is no merit in the appeal and the trial judge's award of damages is upheld.
Facts
The Ministry of Environment and Natural Resources granted a timber extraction and milling licence to Elijah K. Boiywo for the period 1st January, 1980 to 31st December, 1984. The licence was later transferred to the appellant. The Ministry cancelled the licence in 1982, leading to the appellant's claim for damages.
Issues
- Whether the claim is in contract or tort
- Whether the trial judge erred in failing to consider the appellant's claim for general damages
Reasoning
The claim is a breach of contract case, and the only damages the appellant is entitled to are pecuniary loss. The trial judge's award of actual expenditure, loss of profits, and expenses is upheld.
Outcome
Appeal dismissed
Orders
- The appeal is dismissed with costs
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…