ZAVERCHAND PADAMSHI SHAH v NATIONAL CEREALS & PRODUCE BOARD [2009] KEHC 787 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

OF KISII

Civil Suit 34 of 2006

ZAVERCHAND PADAMSHI SHAH………………………..PLAINTIFF

-VERSUS-

NATIONAL CEREALS & PRODUCE BOARD…………DEFENDANT

R U L I N G

Mfi -10, 11 and 12 are relevant to the matters in issue as they show that the plaintiff was the owner of the goods he alleges went missing and for which he blames the defendant.  He stated that he was the owner of the goods because he bought them.  MFI-10 is the agreement signed between him and the seller.  MFI-11 is the invoice the seller sent to him and MFI-12 is the delivery note sent along with the goods.  As it were, the documents amount to receipt issued for the goods.  They were issued to him.  He can produce them as evidence of ownership.  It is notable that these documents are in their original form.

Dated, signed and delivered at Kisii this 2 nd day of November,2009

A.O.MUCHELULE

JUDGE

2/11/2009

Before Hon. A.O.Muchelule-Judge

Court clerk-Mongare

Mr. Bosire-present

COURT: Ruling in open court.

A.O.MUCHELULE

JUDGE

2/11/2009