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Civicon Limited v. Kivuwatt Limited, Smart Cargo Limited & Commissioner, Kenya Revenue Authority Customs Services Department

(2015) JELR 106825 (CA)

Court of Appeal  •  Civil Appeal 45 2014  •  3 Jul 2015  •  Kenya

Coram
Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

Central to this appeal is the question of joinder of parties to a suit and in particular as a defendant. So how did this question end up in this Court?

The 1st respondent, is a company registered in the Republic of Rwanda. It claims to own a machine known as “The Separator” presently lying in a warehouse in Mombasa. The 2nd respondent is a clearing and forwarding company registered in Kenya. It was engaged by the 1st respondent to clear and transit the Separator to Rwanda. The Separator has been stored in a customs warehouse, which belongs to the appellant, but, operated by the 3rd respondent as a warehouse and transit shed. However, the appellant repulsed the 1st respondent’s attempts at removing the Separator, on account of unpaid bills due to it by the 1st respondent.

The 1st respondent then filed suit in the High Court, Mombasa, to compel the 3rd respondent to release the Separator and guarantee its exit from the Kenyan boarders. It was alleged that while the 3r…

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