MOHAMED ADAN MOLLY V. LINKSOFT (K) LTD & LINKSOFT COMMUNICATION SYSTEMS LTD

JUDGEMENT OF THE COURT

This is a second appeal from the original orders of the Senior Principal Magistrate (H. I. Ongudi) delivered on 21^st March, 2006 where the learned Magistrate allowed objection proceedings taken by the 2^nd respondent whose assets had been attached as a result of a judgement of that court. That Ruling led to an appeal which was heard by Mwera, J (as he then was) who in a judgement delivered on 16^th March, 2009 dismissed the appeal. The appellant was dissatisfied with those findings and that provoked this appeal.

Seven grounds are taken in the Memorandum of Appeal and these are as:-

“1. THAT the Learned Judge erred in law in failing to find that from the facts of this case Linksoft (K) Limited and Linksoft Communication Systems Limited were one and the same entity only described in the suit as Linksoft (K) Limited.

THAT the Learned Judge erred in law in failing to find that the description of the defendant as Linksoft (K) Limited comprised the entity Linksoft Communica…