The Milimani Commercial Court has dismissed a Ksh.6.8 million claim by businessman Omar Salim Baslum against Tunasco Insaat Anonim Sirketi Co. Limited over alleged fuel supply.Chief Magistrate Thomas Nzyoki ruled that Baslum failed to prove his case.
He had sought Ksh.6,810,626.50, claiming he supplied hydraulic oil, diesel and petrol to the Turkish construction firm between April 2017 and October 2018.According to Baslum, total invoices amounted to Ksh.9,810,626.50.
He said Tunasco paid Ksh.3 million on July 10, 2018, leaving a balance of Ksh.6.8 million.
He also relied on a December 24, 2021 letter which he argued was an admission of the debt.
Tunasco denied ever doing business with him, saying the debt was fictitious and the suit was defective.
The court found the invoices, order books and delivery notes were not signed or acknowledged by Tunasco and did not prove transfer of goods.
“The documents entirely belonged to the plaintiff and did not bear evidence of delivered and transfer of property,” Nzyoki ruled.
The judge also rejected the admission claim, calling the 2021 letter misleading and unrelated to fuel, saying it concerned tender impropriety allegations.
For lack of privity of contract and proof of delivery, the suit was dismissed.
