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Sammer Africa Limited v Kita Genral Stores Limited [2019] KEHC 1349 (KLR)

[2019] KEHC 1349 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
1349
Citation
[2019] KEHC 1349 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment and decree dismissing the appellant's suitCoramA. MBOGHOLI MSAGHA
Holding

The appeal is dismissed with costs to the respondent as the appellant failed to prove its case based on its own pleadings

Facts

The appellant sued the respondent for Kshs. 1,259,682/= for tyres and tubes sold and delivered to the respondent. The respondent denied the claim and disputed the transaction.

Issues

  1. Whether the appellant's claim was supported by evidence
  2. Whether the appellant's pleadings were consistent with the evidence presented

Reasoning

The trial court correctly found that the appellant's claim was not supported by evidence and that its pleadings were inconsistent with the evidence presented.

Outcome

Appeal dismissed

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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