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Court of AppealPartially AllowedCivil Appeal No 56 of 1986· [1986] KECA 91 (KLR)

Jayant K Shah v G S Bapat [1986] KECA 91 (KLR)

Court of Appeal of Kenya
21 June 1986
AKA. A. KnellerHPH. G. PlattJGJ. M. Gachuhi
821 words in judgment
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The bottom line

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Kenya's Court of Appeal ruled a seller who merely notes a manufacturer's guarantee on a receipt does not personally guarantee the product — and courts only enforce obligations actually pleaded.

What this practically means

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Executive summary

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The respondent, Mr Bapat, bought an Akai video from the appellant's firm in Eldoret for Shs 23,500 on 30 November 1983. The appellant noted on the back of the cash sale receipt that the video was guaranteed by Musicraft Kenya Limited for one year. It broke down after three months and, because an integrated circuit had to be ordered from Japan, it was only repaired and returned six months later. The respondent sued the appellant in contract, alleging breach of a guarantee; the trial magistrate awarded refund of the purchase price, Shs 500 for breach of the guarantee, Shs 500 for loss of use, costs and interest, and the High Court (V. V. Patel, J) dismissed the appellant's first appeal with costs, holding the appellant had contracted in his own name without disclosing the principal, Musicraft. The Court of Appeal unanimously reversed both decisions. It found that the guarantee was Musicraft's, not the appellant's; the appellant undertook no obligation to refund, replace or repair; and such obligations were neither pleaded nor proved, with no application to amend the plaint or cross-appeal to sustain the judgment below. The appeal was allowed with costs, the decisions of both lower courts were set aside, and the respondent's claims were dismissed with costs. The repaired video was to be returned to the respondent and the cash deposited with his advocate paid to the appellant's Nairobi advocate.

Key legal issues

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01

Whether the appellant personally gave the guarantee on which the claim was founded

Holding

The court held the guarantee was given by Musicraft Kenya Limited, not the appellant, who merely noted it on the receipt.

Reasoning

The evidence showed the guarantee ran for one year from purchase by Musicraft; the appellant only recorded the fact on the back of the cash sale receipt. The terms of the guarantee were unclear, and the appellant did not undertake any obligation to refund, replace or repair. The claim in contract against the appellant therefore failed for want of proof of his personal liability.

p. 2
02

Whether unpleaded obligations could sustain the claim

Holding

No; obligations such as refund, replacement or timely repair were neither pleaded nor proved, and counsel did not seek to amend the plaint.

Reasoning

The plaint's cause of action was breach of the guarantee. The respondent neither applied to amend the plaint during trial to allege other duties nor cross-appealed to affirm the High Court decision on other grounds. The appellate court accordingly confined itself to the pleaded cause of action, which was not proved against the appellant.

p. 2

Legal principles established

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  • A party cannot succeed on a cause of action in contract that was not pleaded or proved; liability must be confined to the obligations actually pleaded.
  • A seller who notes a third party's manufacturer's guarantee on a receipt does not thereby personally guarantee the goods' performance.

Court orders

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  1. 1.The appeal is allowed with costs
  2. 2.The orders of the High Court and of the subordinate court are set aside with costs in each court
  3. 3.Mr Bapat's claims against Jayant K Shah are dismissed with costs
  4. 4.The repaired video is to be returned to Mr Bapat
  5. 5.The cash deposited with Mr Kamau is to be paid out to Mr A L R Shah, the appellant's Nairobi advocate
On appeal from
High Court of Kenya at Eldoret
Civil Appeal No 21 of 1985
Jurisdiction invoked
First appellate jurisdiction over an appeal from the High Court (appellate ruling from a subordinate court suit)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Jayant K Shah v G S Bapat [1986] KECA 91 (KLR)", Case Analysis (1986). Civil Appeal No 56 of 1986. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/1986/91/eng@1986-06-21

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.