Facts
This was an appeal against an ex-parte judgment of the High Court dismissing a claim for loss of profits by the appellant company to the sum of 1.6 million shillings. Having won the tender for the supply of iron bars, the appellant company supplied 225 pieces worth Shs 1,023,700/=, which amount was paid. However, the appellant claimed that the parties had agreed that payment was to be made upon supply, and the respondent failed to honour this agreement and made payments almost a year after delivery of the last supply. It was the appellant's case that if payment had been timely, it would have realised a profit of Shs 1,600,000/= from its cement business. The claim was dismissed by the Trial Judge on the basis that the claimed loss of profit had not been proved.
Held:
(i) Once a claim for a specific item is made, that claim must be strictly proved, else there would be no difference between a specific claim and a general one; the Trial Judge rightly dismissed the claim for loss of profit because it was not proved.
(ii) A bill of costs is nothing more than tabulated costs incurred by a party in the conduct of the case and which he seeks to be reimbursed by the other party. It is not an entitlement that may be claimed in the body of a suit.
Case Information
Appeal dismissed
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