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Misnak International (UK) Limited v. 4MB Mining Limited C/O Ministry of Mining, Juba Republic of South Sudan,Total Link Logistics,Union Link Logistics & Freight Forwarders (K) Limited

(2019) JELR 99051 (CA)

Court of Appeal  •  Civil Appeal 118 of 2018  •  25 Jul 2019  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

1. Before us is an interlocutory appeal against a ruling of the High Court (Njoki Mwangi, J.) dated 6th July, 2018 wherein the appellant’s preliminary objection challenging the competency of a suit before the High Court, H. C. C. C. No. 30 of 2018, was dismissed.

2. The facts which gave rise to the objection in question are that the Government of South Sudan awarded the 1st respondent a contract to undertake mining activities in Juba and Luri. Therefore, the 1st respondent needed to source, purchase and transport large consignments of mining materials to South Sudan. As a result, the 1st respondent vide a freight forwarding contract (the contract) engaged the appellant, a company registered and based in the United Kingdom, to undertake the aforementioned task.

3. The salient terms of the contract were that the consignments were to be transported from Thailand through the Port of Mombasa and arrive at the agreed destination on or before 17th March, 2018. As per the 1…

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