Search court decisions

…Turning to the second category of grounds, the Appellant faults the Learned Magistrate’s treatment of the contractual relationship between the parties.…

…Whether the Respondent proved on a balance of probabilities, that there existed a binding contractual relationship under which the goods in question were supplied and remain unpaid in the sum of Kshs 4,625,000/= 33.…

…That there is no direct contractual relationship between the Plaintiff and the Defendant and the contract is solely between DHL and the Defendant. 2.…

…Fourth, the Defendant did not deny and actually deponed that it has been making part payments to the Plaintiff which is consistent with a direct contractual relationship.…

…The evidence before the trial court established that the Appellant supplied the agreed farm inputs and the contractual relationship remained in force. 3) The Appellant complained that before the Appellant could harvest the…

…relationship.…

…The Court also differentiated disputes emanating from ‘use of land’ which fall under the jurisdiction of the ELC from those arising from contractual relationships established through documents creating securities such as…

…I find, as the Court of Appeal did, that the dominant issue in this case is the settlement of accounts arising from a contractual relationship of a banker and lender and the exercise of a statutory right emanating from that…

…The Appellant’s Submissions 11) The appellant submits that the trial court erred in dismissing his claim despite the evidence adduced before it establishing the existence of a valid contractual relationship between the parties…

…Counsel argues that the respondent could not have processed the appellant’s cane, generated delivery receipts, and prepared statements of account if there had been no valid contractual relationship between the parties.…

…The 2nd Defendant stated that it was a stranger to the alleged contractual relationship between the Plaintiffs and the Defendants and that it is not privy to the contractual relationships between the Plaintiffs and the 1st…

…It asserted that it had no legal or contractual relationship with the Plaintiffs at all and it agreed as pleaded by the Plaintiffs that the contract for the services of the Plaintiffs was executed between the Plaintiffs and…

…In the statement of defence, the Appellant admitted that there was a contractual relationship between the parties but denied that it failed to pay for the goods delivered as agreed.…

…Further, that the Appellant’s own documentation showed that indeed there was a contractual relationship with the Respondent. 21.…

…The Respondent, on the other hand, maintains that notwithstanding the initial invoice, the conduct of the parties established a direct contractual relationship between the Respondent and the Appellant. 16.…

…The doctrine of privity of contract cannot be invoked in isolation from the facts giving rise to the contractual relationship.…

…relationship, the trial court relied on the case of Intercity Secure Homes Ltd -vs- Jane Njeri Miringu t/a Mango Bar & Restaurant [2019] eKLR .…

…In their defence, the Respondent merely denied owing money to the Appellant and denying the existence of any contractual relationship between the parties. The Respondent did not file any witness statement.…

…The suit is premised on alleged collusion between the 1st Defendant/Respondent, with whom the Plaintiff/Applicant has no contractual relationship, and the 3rd Defendant/Respondent. 3.…

…The background to the present application is that the Plaintiff and the 1st Defendant entered into a contractual relationship wherein the 1st Defendant advanced a facility worth Kenya Shillings Fifty Million (Kshs. 50,000,000…

…However, the facility was subsequently repaid in full through a takeover by Equity Bank, thereby terminating the contractual relationship between the parties.…

…The Appellant filed its defence and denied the existence of any contractual relationship with the Respondent and averred contrary to the Respondent’s allegations, no such goods were ever delivered. 4.…

…The Respondent submitted that the trial court was correct in finding that there existed a contractual relationship existed between the parties herein, as evidenced by the Local Purchase Orders (LPOs) issued by the Appellant…

…It denied the averments in the plaint and stated that it had no contractual relationship with the respondents; it obtained the goods pursuant to a principal agency relationship between itself and the contractor Cospin S.R.L…

…He stated that no contractual relationship existed between the appellant and the respondent.…

…He argued that the denial by DW1 only affected the witness’s credibility because the parties had acted in a manner consistent with a contractual relationship.…

…He argued that these actions constituted clear evidence of an existing contractual relationship. 22.…

…Whether the issue of a contractual relationship between the parties is a new issue.…

…On the second issue of whether a contractual relationship between the parties is an issue here it was submitted that this court being a first appeal court is bound to limit itself through the issues that were before the trial…

…Afrocox, it is clear from the correspondence, is interested in this matter only as an agent of Ashford and has no contractual relationship with the plaintiff.…

…At the time the defendant returned the fungicide to Afrocox their contractual liability was to the plaintiff and they had ceased to have any contractual relationship with Ashford, and it follows with Ashford’s agent Afrocox…

…I note that the 1st respondent, as the claimant in the trial court and the appellant, who was the respondent in the lower court, both acknowledge that they were in a contractual relationship.…

…Had the adjudicator considered the fact that the contractual relationship between the parties did not need to be in writing, she would have come to a different finding as I hereby do. 12.…

…The trial court found that the contractual relationship between the parties was not disputed and that the agreement covered two sites only (Kawangware and Dennis Pritt).…

…Applying the above principles to the present case, I note that even though the trial court acknowledged the existence of a contractual relationship and supporting documentation, it confined the contract to two sites and omitted…

…I believe that there are only two issues for determination, based on the grounds of appeal in the memorandum of appeal, being whether there was a contractual relationship between the appellant and the respondent, and whether…

…From a review of the material placed on record by both sides, there was adequate proof of a contractual relationship between the parties hereto, and the trial court did not err in finding that there was a contract. 12.…