Total (Kenya) Limited Formally Caltex Oil (Kenya) Limited v Janevams Limited [2015] KECA 822 (KLR)
- Court
- Court of Appeal
- Case number
- 822
- Citation
- [2015] KECA 822 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the Judgment and Decree of High Court of Kenya at Nairobi (Onyango Otieno, J.) dated 4th March 2003CoramM. WARSAME, K. M’INOTI, A. K. MURGOR
Holding
The High Court's award of damages to Janevams was upheld.
Facts
Total (Kenya) Ltd and Janevams Ltd entered into a dealership and operators agreement on June 10, 1987. Total was a wholesale supplier of petroleum products, and Janevams operated a service station. Total terminated the agreement on June 1, 1990, citing non-achievement of sales targets. Janevams filed a suit for damages.
Issues
- Whether the High Court correctly awarded damages to Janevams
- Whether the termination of the agreement was in accordance with the dealership agreement
Reasoning
The court found that the termination was justified due to non-achievement of sales targets, and the damages awarded were within the scope of the agreement.
Outcome
Affirmed
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.
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