“"breach of contract"” — court decisions

Judgment[1985] KEHC 2128 July 1985

Judgment[1985] KECA 465 November 1985

Timsales Ltd v Up & Down Saw Mills (Kenya) Ltd

Court of Appeal at NakuruJUDGE APPEALCase number Civil Appeal 46 of 1985

Division and case type: CivilCivil Appeal

…The plaintiff was therefore entitled to damages, basically for breach of contract, but also in sounding in detinue. But the measure of damages must be subject to some restraint.…

6 min read

Judgment[1985] KECA 1275 November 1985

Timsales Limited v Up&Down

Court of Appeal at NakuruCase number Civil Appeal 46 of 1984

Division and case type: CivilCivil Appeal

…The plaintiff was therefore entitled to damages, basically for breach of contract, but also in sounding in detinue. But the measure of damages must be subject to some restraint.…

6 min read

Judgment[1985] KECA 365 March 1985

Kenya Cargo Handling Services Limited v David Ugwwang

Court of Appeal at MalindiBhandari,JUDGE APPEALCase number Civil Appeal 64 of 1984

Division and case type: CivilCivil Appeal

…Moreover, he continued, section 27, assuming it does apply to contracts, would not apply to every breach of a contractual duty, for example it would not apply to a breach of contract for the sale of goods or of land.…

…The court should therefore lean toward giving the section a purposive effect, because to do so would still permit the six years’ period of limitation under section 4(1) to operate in actions for breach of contract which do…

22 min read

Judgment[1985] KECA 499 September 1985

Southern Engineering Company Ltd v Mutia

Court of Appeal at MalindiJudge expressly referred Law,JUDGE APPEAL,Gautama,Inamdar,Andrew Muli,Muli,Brahmbhatt,It,These,Talati,BurbidgeCase number Civil Appeal 46 of 1983

Division and case type: CivilCivil Appeal

…The appellant sued his employer, Coastal Bottlers Limited, the respondent, for damages for his injuries incurred in an accident at their premises which he claimed were the consequence of its negligence and or breach of contract…

15 min read

Judgment[1985] KECA 1229 September 1985

KITAVI v COSATAL BOTTLERS LIMITED

Court of Appeal at MalindiBhandari,judge erred awarding Kshs,Bhandari KshsCase number Civil Appeal 69 of 1984

Division and case type: CivilCivil Appeal

appeal is allowedAllowed15 min read