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…The respondent commenced proceedings in the superior court for damages for breach of contract, specific performance of the contract by execution of all necessary documents, general damages, exemplary damages, interests and…

…settled contract for sale had come into existence upon fall of the hammer and payment of 25% of the bid price and that, as the respondent was still within the 30 day period for payment, the revocation of the sale was a breach…

…Justice Rauf struck out the plaint in the superior court whilst holding that the plaint did not set out important averments relating to alleged inducing of breach of contract.…

…He (the learned judge) concluded that if the plaintiffs were to succeed in the action they ought to have pleaded special damages suffered by them for the alleged inducement of breach of contract.…

…The claims by the plaintiff as formulated in the plaint can be put in a summary or precis form as follows: (1) The defendant was in breach of contract between the parties by which contract the plaintiff was appointed the…

…The alleged breach of contract is denied. Erroneous debits are denied save for inadvertent errors made bona fide. Such erroneous debits, the defence alleges, have not occasioned any loss or damage.…

…insurance policy contained a clause stipulating that all disputes arising had to be referred to arbitration, and before any such reference was made, the plaintiff filed a suit against the appellant claiming damages for alleged breach…

…of contract.…

…The contractor then refused to carry out the works which was a breach of the contract. The employer had to put the works out to tender again and suffered considerable loss which was particularised.…

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

…injunction restraining the appellant from terminating his licence or interfering with the running of the station; a declaration that the Agreement entered into between him and the appellant is unconscionable and damages for breach…

…of contract.…

…Whether Kimunye Investments Company ever gave the appellant direct instructions at this stage to pay only Waruhiu & Muite, on behalf of the Bank is not clear, and indeed would have been a breach of contract with Gitonga,…

…by the appellants to sign the agreement for sale, the respondent filed a suit in the superior court against the appellants seeking, among other reliefs, specific performance of the sale agreement and general damages for breach…

…of contract in lieu of specific performance.…

…It would result in erosion of profit margin, and was a breach of contract or representation. In sum, it was an abuse of power against which judicial review would lie as was held in Reg v I.R.C. Ex. P.…