JOB KILACH V. NATION MEDIA GROUP LTD, SALABA AGENCIES LTD & MICHAEL RONO

JUDGMENT OF THE COURT

1. Nation Media Group Limited (hereinafter referred to as the 1^st respondent) filed suit before the High Court of Kenya at Nairobi by way of a plaint dated 10^th February 2003. In that plaint, the 1^st respondent alleged that it had been a supplier to the 2^ndrespondent, Salaba Agencies Ltd. of its products and claimed to have been in agreement with the 2^nd respondent that the 2^nd respondent would be supplied with its products, on credit, for resale to the public, and that the 2^nd respondent would pay the 1^st respondent within 30 days of supply. In the course of business, the 2^nd respondent got into debt to the tune of the sum of Kshs 11,704,306.00 that was due as at 29^th November 2001 to the 1^st respondent. Subsequently, the appellant and the 3^rd respondent, as directors of the 2^nd respondent admitted the sum due and owing . The 2^nd respondent therefore claimed the sum of Kshs 11,704,306 from the defendants jointly as well as interest at court rates and costs of the…