<p class="ql-align-center">JUDGMENT OF THE COURT</p><p class="ql-align-justify">This is a second appeal, the first appeal having been heard and determined by the High Court of Kenya in Kisii. The appeal arises from six suits filed in the Chief Magistrate’s Court at Kisii as follows:</p><p><em>Civil Suit No. 572 of 2005 – Margaret Maina v. Total (K) Ltd and Another;</em></p><p><em>Civil Suit No. 573 of 2005 – Nicholas Mireri Makworo v. Total (K) Ltd and Another;</em></p><p><em>Civil Suit No. 574 of 2005 – Naomi Kemunto v. Total (K) Ltd and Another;</em></p><p><em>Civil Suit No. 575 of 2005 – Jane Monyangi Mokaya v. Total (K) Ltd and Another;</em></p><p><em>Civil Suit No. 576 of 2005 – Divinah Nyanchama (Minor) suing through next friend Matabori Mochache v. Total (K) Ltd and Another; and </em></p><p><em>Civil Suit No. 577 of 2005 – Judith Nyanchama (Minor) suing through next friend Elizabeth Moige Ndara v. Total (K) Ltd and Another.</em></p><p class="ql-align-justify">In each of the suits, it was pleaded that on some particular six dates between 2^nd March 2005 and 12^th April, 2005, the plaintiffs were at home when kerosene purchased from the second defendant and being u…</p>