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…The plaintiff asserted that this amounted to a breach of contract by the 7th defendant which was discovered on 13/3/2017.…

…It was submitted that a breach of contract claim has a limitation period of 6 years from that date when the conflict of interest arises.…

…of contract and/or loss of profits payable to the applicants and/or remit the matter back to the Arbitrator for assessment of damages for breach of contract/loss of profits; and (iii) That the costs of the application be…

…of contract. 26.…

…This appeal arises from a decision of the High Court (Trainor, J) (as he then was) in a dispute between the appellant and the respondents wherein the appellant alleged that the respondents were in breach of contract.…

…After a full trial the learned judge found that the appellant and the first respondent were party to a contract and that the first respondent was in breach of the contract.…

…It is not disputed that in HCCC No. 577 of 2011, the plaintiff’s suit against the 2nd defendant was for breach of contract for the supply of ready mix concrete.…

…On perusal of the amended plaint, it can be deduced that the plaintiff’s cause of action still arises from the 2nd defendant’s breach of contract for the supply of ready mix concrete.…

…of the contract.…

…Such conduct constituted a fundamental and repudiatory breach of the contract. 20.…

…Munyu contended that the intended 2nd defendant wishes to defend and file a counter-claim against allegations of breach of contract raised in the plaint, but breach of an agreement between the intended 2nd defendant and the…

…Counsel asserted that any claim for breach of contract by the intended 2nd defendant should be resolved through arbitration and not this Court. 14.…

…As to the question of whether general damages can be awarded for breach of contract, the Court of Appeal in Dharamshi v Karsan [1974] EA 41, held as follows- “As a general principle, the purpose of damages for breach of contract…

…The appellant herein conceded that the general damages are not awarded for breach of contract.…

…This is because the suit as originally filed was for negligence and breach of contract, but the plaintiff in the amended plaint asserts that the claim has been brought by its insurer under the doctrine of subrogation.…

…The defendant claims that the amended plaint introduces a new cause of action, since the cause of action in this suit as per the original plaint arose on 1st October, 2010, and it was for breach of contract and negligence…

…of its contract with the appellant. 24.…

…The appellant sought an award of general damages for breach of contract as a result of the respondent’s breach of the insurance policy between the parties herein.…

…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.…

…of contract/negligence by the defendant - to which the 2nd Third Party is not privy to and clearly lacks the privity of contract to the said contract; iii) That the 2nd Third Party’s contract with the defendant, on the other…

…Mutua, learned Counsel for the defendant submitted that the suit against the defendant is for damages for breach of contract, duty of care and negligence, as the plaintiff contends that the defendant made inaccurate Valuation…

…Injunction to restrain breach of contract or other injury. 2. (1) In any suit for restraining the defendant from committing a breach of contract or other injury of any kind, whether compensation is claimed in the suit or…

…not, the plaintiff may, at any time after the commencement of the suit, and either before or after judgment, apply to the court for a temporary injunction to restrain the defendant from committing the breach of contract or…

…The defendant’s case is that the plaintiff filed a suit against it vide a plaint dated 21st March 2023, alleging breach of an Agency Contract involving the identification of potential insurance customers by the plaintiff…

…She further stated that the above notwithstanding, since the plaintiff’s claim is based on an alleged breach of contract, it ought to have been filed within six years from the accrual of the cause of action, as provided for…

…Ms Okelo questioned the credibility of the 4th defendant’s claim that the first consignment arrived in Kampala nearly a year after payment, terming the unexplained delay a clear breach of contract.…

…This Court finds therefore that the 1st & 2nd defendants failed to perform their contractual obligations, amounting to a fundamental breach of contract.…

…He acknowledged that the plaintiff is entitled to a claim for breach of contract because the defendant retained the refrigerators after the Rental Agreement elapsed. 17.…

…Counsel relied on the Black’s Law Dictionary 9th Edition definition of breach of contract and submitted that the plaintiff failed to demonstrate breach of the Rental Agreements and Rental Schedules by the defendant.…

…Ms Karanja argued that the plaintiffs have not been barred from paying the undisputed amounts but have still failed to do so, thus demonstrating bad faith and breach of contract.…

…The application herein is being sought under the provisions of Order 40 Rule 2(1) of the Civil Procedure Rules, 2010 which provides that - In any suit for restraining the defendant from committing a breach of contract or…

…The plaintiff also prays for general damages for breach of contract, costs of the suit and interest on all the foregoing claims at Court rates. 2. The plaintiff’s case is that it lawfully participated in Tender No.…

…It contended that failure to sign the contract within thirty (30) days, coupled with its subsequent allocation of the works to another contractor, constituted a breach of contract. 35.…

…of contract and plead a wholly new claim founded on fraud.…

…Muchiri deposed that it is clear that the plaintiff can no longer sustain a claim for breach of contract against the defendants for there was never a valid contract to begin with, and it was therefore necessary for the plaintiff…

…He submitted on two issues, being whether there was a breach of contract by the defendant and whether the plaintiff is entitled to the reliefs sought. 15. On the first issue, Mr.…

…Counsel relied on the case Kitheka v Njenga [2024] KEELC 7378 (KLR, which defined breach of contract as a violation of contractual obligations by failing to perform one’s promise or by repudiation or interfering with the…