Mumias Agricultural Transport v Sony Agricultural Limited [1999] KECA 164 (KLR)

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KISUMU (CORAM: KWACH, OMOLO & OWUOR, JJ.A.) CIVIL APPEAL NO. 201 OF 1997 BETWEEN

MUMIAS AGRICULTURAL TRANSPORT ..........................APPELLANT AND SONY AGRICULTURAL LIMITED ....................................RESPONDENT

JUDGMENT OF THE COURT

It is agreed by counsel for both parties that no trial at all took place. Accordingly we allow this appeal set aside the judgment and decree of Tanui J and remit the case back to the superior court at Kisumu for hearing de novo according to law. We make no order as costs.

Dated and delivered at Kisumu this 17th day of March, 1999.

R. O. KWACH ------------------- JUDGE OF APPEAL

R. S. C. OMOLO ------------------- JUDGE OF APPEAL

E. OWUOR ------------------- JUDGE OF APPEAL

I certify that this is a true copy of the original.

DEPUATY REGISTRAR