- Rigshaw Calabash Mwidaho and Rita Mwenda Smooth entered into a written agreement on June 15th, 2014 whereby Rita sold 110,000 bags of cashew nuts at the total price of Kshs.60 million, which were to be delivered not later than June 30th, 2014. The payment was to be made upon delivery. Rigshaw agreed with Bingira Sashi to supply Sashi with the said quantity of cashew nuts on June 20th, 2014 at the price of Kshs.70 million, and had purchased the cashew nuts from Rita for the purpose of supplying them to Bingira Sashi. This fact had been communicated to Rita at the time of entering into the contract with her. Rita has failed to deliver the cashew nuts. Rigshaw, on his part, could not purchase similar loads in the market to enable him to effect delivery upon Bingira Sashi and has consequently lost the large margin in profits he would have realized upon re-sale. He has approached Rita at her business premises situated on the second floor of Dich Dich House located along Omesh Street in Nairobi to ask for delivery. Because of his frequent visits, thereafter, she has become hostile and abusive.
Rigshaw has now visited the firm Of Bangi Mwingi Advocates located on the eighth floor of High Building along Clear Avenue of Nairobi where you are a pupil. He instructs the firm to write to Rita to honor the contract. The firm’s letter has gone unanswered. Rigshaw thereafter, instructs the firm to sue. Your Pupil master has instructed you to draft the necessary process for her perusal.
Carry out these instructions.
(15 arks)ATP 100 Civil Litigation r 2014-1