JUDGMENT OF THE COURT
1. Grace Wanjiru Munyinyi and Moses Kinyanjui Munyinyi, who will be referred to as the “appellants” throughout this judgment, are probably related to one Moses Munyinyi Mbogo (Mbogo) and they hold a “General Power of Attorney” executed by Mbogo at Nakuru on 22nd February, 2002 and registered on 18th March, 2002. 2. Under the power of attorney, the appellants were authorised, inter alia, “to be true and lawful attorneys and agents with full power and authority for me and in my name, and for my account and benefit to ... commence, prosecute, defend, any action or actions suit or suits at law or equity in any courts of Kenya ....” 3. Pursuant to the power of attorney the appellants went before the High Court in Nakuru on 19th April, 2002 and filed HCCC No. 116 of 2002 (amended 3rd September, 2002) against the six respondents herein. The sixth respondent M/S. Nairobi Frame Industries Ltd (“the company”) was incorporated in the year 1979 by Mbogo and the first five res…