JUDGMENT OF THE COURT
This appeal arises from a decision of the High Court made on 30th March, 2001, which granted the prayer to strike out the 2nd respondent from the amended plaint and dismiss the suit against it. This decision was made following a chamber summons application dated 28th September, 2000, seeking to strike out the amended plaint as against the 2nd respondent.
The appellant by an amended plaint dated 29th November, 1999, sought to recover special damages in the sum of $ 81,898 or its equivalent in Kenya shillings, general damages and costs. The appellant in its statement of claim stated that the 1st respondent carried out duties in Kenya for shipping and transportation as an agent of the 2nd respondent, asserting that all acts of the 1st respondent were therefore, binding on the 2nd respondent as the foreign principal.
The appellant averred that it was the owner of goods, Kenya Wet Blue Tanned Hides weighing 40,000 Kilograms; that he contracted the 1st responden…