NJOKA TANNERS LIMITED V. OCEAN FREIGHT (EA) LIMITED & MEDITERRANEAN SHIPPING COMPANY SA GENEVA

JUDGMENT OF THE COURT

Background

This appeal arises from a decision of the High Court made on 30^th 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 28^th September, 2000, seeking to strike out the amended plaint as against the 2^nd respondent.

The appellant by an amended plaint dated 29^th 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 1^st respondent carried out duties in Kenya for shipping and transportation as an agent of the 2^nd respondent, asserting that all acts of the 1st respondent were therefore, binding on the 2^nd 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 1^st responden…