“"breach of contract"” — court decisions

Judgment[1997] KEHC 1222 January 1997

In Re Kenya National Trading Corporation Ltd [1997] KEHC 12 (KLR)

High Court at Nairobihearing of the petition as mandatorily required by lawCase number Winding Up Cause 3 of 1996

Division and case type: Constitutional and Human RightsPetition

…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.…

6 min read

Judgment[1999] KEHC 307 February 1999

In Re Autorec Spares Ltd [1999] KEHC 30 (KLR)

High Court at NairobiCase number Winding Up Cause 40 of 1998

Division and case type: Constitutional and Human RightsPetition

…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.…

application failsDismissed3 min read

Judgment[2010] KEHC 19819 December 2010

ADRA INTERNATIONAL LIMITED v CARGOTEC FINLAND OY & 2 others

High Court at NairobiCourt is brought by way of,Alawi,Amin,Yobesh Oyaro,Oyaro,Billing,LusenoCase number Civil Case 449 of 2010

Division and case type: Milimani Commercial CourtsCivil Case

…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.…

Judgment[2009] KEHC 20420 December 2009

JAYNTILAL DHAMSHI GOSRANI v KENYA OIL COMPANY

High Court at NairobiMwangi,Segman Mr,IsmailCase number Civil Case 39 of 2005

Division and case type: Milimani Commercial CourtsCivil Case

…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.…