Harmo Engineering & Building Contractor v Santram Hardware Wholesalers Limited (Civil Appeal E050 of 2022) [2026] KEHC 4609 (KLR) (10 April 2026) (Judgment)

Harmo Engineering & Building Contractor v Santram Hardware Wholesalers Limited (Civil Appeal E050 of 2022) [2026] KEHC 4609 (KLR) (10 April 2026) (Judgment)

Santram Hardware Wholesalers Limited could not recover for goods supplied by Santram Traders Limited, a separate legal entity, and the trial court erred in awarding the full sum claimed. The Respondent proved supply and non-payment for goods it supplied, but lacked standing for goods supplied by the other company. The judgment sum must be reduced accordingly.

Citation
[2026] KEHC 4609 (KLR)
Parties
Appellant: Harmo Engineering & Building Contractor; Respondent: Santram Hardware Wholesalers Limited
Court
High Court
Jurisdiction
Kenya
Judgment Date
10 April 2026
Case Number
Civil Appeal E050 of 2022
Procedural Posture
Civil Appeal / Judgment
Outcome
Appeal partially allowed
Legal Topics
Burden of Proof, Corporate Personality, Capacity to Sue, Supply of Goods, Appeals
Source Language
English
Contract Law Company Law Burden of Proof Corporate Personality Capacity to Sue Supply of Goods Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

Harmo Engineering & Building Contractor

Appellant

Santram Hardware Wholesalers Limited

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the Respondent discharged the burden of proof to the requisite standard
  2. 2 Whether the trial court erred in its appreciation and application of the law on the burden of proof
  3. 3 Whether Santram Hardware Wholesalers Limited had the legal capacity and locus standi to maintain a claim for goods supplied by Santram Traders Limited

Ratio Decidendi

Santram Hardware Wholesalers Limited could not recover for goods supplied by Santram Traders Limited, a separate legal entity, and the trial court erred in awarding the full sum claimed. The Respondent proved supply and non-payment for goods it supplied, but lacked standing for goods supplied by the other company. The judgment sum must be reduced accordingly.

Court Disposition

Appeal partially allowed

Orders

  • Judgment and decree of the trial court varied: judgment sum reduced from Kshs. 2,541,700/= to Kshs. 1,801,700/=
  • Interest on the revised sum at court rates from the date of filing suit until payment in full