A wood products manufacturer has lost a bid to recover Sh35.8 million from logistics firm PN Mashru Ltd, after the High Court found it failed to prove that damage sustained by a thermal oil heater during transportation caused the equipment to malfunction.
The court held that although Comply Industries Ltd established that the heater fell from a crane while in the custody of the transporter, it did not produce sufficient technical evidence linking the accident to the heater's inability to reach its designed operating temperature.
