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…I para. 85-07 it is provided that the creditor’s demand must be for a liquidated sum and he cannot serve a demand in respect of a fixed sum less the amount of unliquidated damages claimed by the company in respect of breach…

…of contract.…

…In the plaint the plaintiff claims damages for breach of contract by the defendant.…

…The observations of Harman L.J in Re LHF Wools Ltd that if there was a cross claim like in this case damages for breach of contract, is just as if there were disputed debt.…

…defendant to refund to the plaintiff Kshs.50,000/= with interest at Commercial rate of 20% per annum from 30th April, 1982 till payment in full; ii) the 1st defendant be ordered to pay general and special damages for the breach…

…of contract entered into between the plaintiff and the 1st defendant on 30th April, 1982.…

…JUDGMENT The respondent sued the appellant in the lower court seeking damages both special and general for injuries sustained in an accident while at his place of work with the defendant and which accident occurred as a result of…

…the breach of contract and duty to him and also due to negligence whose particulars he gave.…

…that the contract constituted the Plaintiff alone the sole Agent for the 1st Defendant from 1997 to 2015, and therefore by terminating the contract and appointing the 2nd Defendant as its Agent, the 1st Defendant was in breach…

…of that contract; hence the injunctive orders sought by the Plaintiff.…

…The counsel relies on Atkins Court Forms Volume 12 (2nd Edition) at page 395 where there is a form of pleading in a case of “damages for breach of contract” and submits that the plaintiff did not plead in that manner therefore…

…It was held a party is entitled to resist an action for breach of contract on any ground that is available even though before the action he gave no reason at all.…