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Micro-City Computers Limited & another v National Social Security Fund Board of Trustees & another (Civil Appeal 49 & 59 of 2020 (Consolidated)) [2024] KECA 444 (KLR) (12 April 2024) (Judgment) (with dissent)

[2024] KECA 444 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
444
Citation
[2024] KECA 444 (KLR)
Decided
12 April 2024
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a High Court judgmentCoramA., Bowen L., Chesoni, GV ODUNGA, Gatembu, Githinji, L., Leggatt, Lutta, Mativo, Mustafa, Nyamweya, Odunga, P. J. Otieno, P.J
Holding

The claims for loss of profits were properly pleaded and proved, and the High Court erred in declining to award anticipated profit loss.

Facts

Micro-City Computers Limited and another entered into a contract with National Social Security Fund Board of Trustees for the design, supply, and installation of an electric security surveillance system. The High Court awarded Micro-City damages for breach of contract, but declined to award anticipated profit loss.

Issues

  1. Whether the claims for loss of profits were properly pleaded and proved
  2. Whether the High Court erred in declining to award anticipated profit loss

Reasoning

The claims for loss of profits were specifically pleaded and supported by evidence. The High Court erred in declining to award anticipated profit loss as it did not consider the evidence adduced.

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.
Full judgment 0.4 MB · PDF

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