“"breach of contract"” — court decisions

Judgment[2009] KEHC 20420 December 2009

JAYNTILAL DHAMSHI GOSRANI v KENYA OIL COMPANY

Judgment[1987] KECA 64 January 1987

Samuell Karuga Wandai v Republic

Court of Appeal at NairobiCase number Criminal Appeal 4 of 1986

Division and case type: CriminalCriminal Appeal

…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,…

appeal is allowedAllowed14 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

Judgment[1994] KECA 9727 November 1994

Isaiah Mathenge & another v Alfred Rugendo Kimotho

Court of Appeal at NairobiMwera,judge Murugu,JUDGE APPEALCivil Appeal 190 of 1991

Division and case type: CivilCivil Appeal

…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.…

19 min read

Judgment[1990] KECA 5725 February 1990

Kenya Meat Commission v Richard Ambogo Raden

Court of Appeal at Commissionjudge assessed damages Kshs,JUDGE APPEALCase number Civil Appeal 40 of 1989

Division and case type: CivilCivil Appeal

…(3) If so, was the said accident caused by the negligence and/or breach of contract of employment on the part of the defendants, its (sic) servant or agent as alleged in the plaint?…

28 min read

Judgment[2006] KECA 3807 December 2006

Aberdare Freight Services Ltd v Kenya Revenue Authority

Court of Appeal at NairobiJUDGE APPEAL,Abdulrehman Hemed Mohamed,Fred Ngatia,Francis Thuranira,Mohamed,Thuranira,Otiende Amollo,Ismail Jillo Dajissa,Dajissa,Shah,Frederick Ngatia,Ngatia,Ontweka,Mogaka,MachariaCivil Appeal 263 of 2004

Division and case type: CivilCivil Appeal

…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.…

46 min read