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Olimba entered in a contract with Mutinda in which it was agreed that Mutinda, a transporter, would transport fifty crates of milk from Nairobi to Garissa. While on the way, Mutinda’s motor vehicle broke down at a remote area and he was unable to contact Olimba or to immediately repair the motor vehicle. Fearing that the milk would go bad, he sold it to local residents at a lesser amount than the market value. As a result, Olimba incurred a loss and intends to sue Mutinda.
Advise the parties.
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