WELLWORTH HOTELS AND LODGES LIMITED V. EAST AFRICA CANVAS CO. LTD & 3 OTHERS, CIVIL APPEAL NO. 1488 OF 2024

Abstract

The Court held that the appellant failed to prove, on a balance of probabilities, that the 1st respondent breached the contract. The trial Judge correctly found that delays and incomplete performance were caused by the appellant's own failure to fulfill its contractual obligations, notably in respect of transportation, border clearance and export documentation under clause 2.4 of the contract.