Kevita International Limited v Wasso Security Service Limited [2021] KEHC 4717 (KLR)

Facts

The appellant, Kevita International Limited, claimed general damages and special damages of Kshs.2,455,000 for breach of contract and special damages, alleging that the respondent, Wasso Security Service Limited, negligently caused the disappearance of a valued trailer. The appellant's claim was dismissed by the trial court.

Issues

1. Whether the trial court correctly determined that the appellant had not proved its case for breach of contract arising out of negligence against the respondent

Reasoning

The court found that the appellant did not prove its case on a balance of probabilities, as it failed to show ownership of the subject vehicle, its value, or that the vehicle was on the premises at the material time. The appellant also did not provide credible evidence to support its claim of loss.

Outcome

Appeal dismissed