Dakianga Distributors (K) Ltd v Kenya Seed Company Limited [2015] KECA 870 (KLR)
- Court
- Court of Appeal
- Case number
- 870
- Citation
- [2015] KECA 870 (KLR)
- Decided
- 18 March 2015
AI Summary
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TypecivilPostureappeal from a judgment of the High CourtCoramD. MARAGA, F. AZANGALALA, S. ole KANTAI
Holding
The appeal has no merit and is dismissed with costs. The cross-appeal succeeds and the respondent is awarded Kshs. 11,104,180/= after giving credit for Kshs. 1,000,000/= paid by the appellant.
Facts
The respondent, Kenya Seed Company Limited, claimed a sum of Kshs. 12,104,180/= from the appellant Dakianga Distributors Limited for several consignments of seeds delivered in the course of a business relationship. The appellant denied the claim and claimed that the dishonored cheques were replaced by other cheques which were paid.
Issues
- merit of the appeal
- cross-appeal
Reasoning
The court found that the appellant's defense was without merit and that the respondent had paid Kshs. 1,000,000/= to the appellant.
Outcome
Appeal dismissed with costs, cross-appeal successful
Orders
- judgment for the respondent in the sum of Kshs. 11,104,180/= after giving credit for Kshs. 1,000,000/= paid by the appellant
- costs of the cross-appeal awarded to the respondent
Remedies
- Kshs. 11,104,180/= awarded to the respondent
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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