East African Cargo Logistics v Eden Transport and Logistics Limited (Civil Appeal E098 of 2021) [2024] KECA 413 (KLR) (26 April 2024) (Judgment)

Facts

The respondent claimed the sum of USD 312,285 with costs and interests thereon at court rates from the date of filing suit until payment in full. The respondent averred that the said principal sums were due in respect of transportation services rendered by the respondent to the appellant on diverse dates during the years 2016 and 2017. The appellant admitted that the respondent offered transport services to the appellant during the said period but denied owing the said sum or any part thereof.

Issues

1. Whether the learned Judge misdirected himself in arriving at the judgment
2. Whether the appellant's admission of owing the respondent USD 312,285 was clear, unambiguous, and unequivocal

Reasoning

The learned Judge's decision was not misdirected and the admission of owing the respondent USD 312,285 was clear, unambiguous, and unequivocal.

Outcome

Appeal dismissed with costs