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

JUDGMENT OF THE COURT

1. Before us is an interlocutory appeal against a ruling of the High Court (Njoki Mwangi, J.) dated 6^th 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 1^st respondent a contract to undertake mining activities in Juba and Luri. Therefore, the 1^st respondent needed to source, purchase and transport large consignments of mining materials to South Sudan. As a result, the 1^st 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 17^th March, 2018. As per the 1…