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Quickmart will lose at least Sh14 million after the High Court ruled in favour of security firm Wells Fargo in a dispute over stolen cash. The retailer had lost Sh94 million in transit, but the court found that its contract with Wells Fargo capped liability at Sh80 million. Justice Freda Mugambi ruled that Quickmart was bound by the agreement and could not claim beyond the agreed limit. Wells Fargo had already paid the Sh80 million.
The judge said Quickmart’s failure to take additional insurance cover contributed to the loss.“The loss, insofar as it exceeded the contractual cap, is properly attributable to the plaintiff’s failure to mitigate its risk,” said Justice Mugambi.“The plaintiff’s failure to obtain such cover cannot be laid at the defendant’s door.”
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