ROBRIC LIMITED & PETER B. RACHAU V. KOBIL PETROLEUM LIMITED & SHREEJI TRANSPORTERS (1990) LIMITED

JUDGMENT OF THE COURT

This is an appeal from the Judgment of the High Court, E.K.O. Ogola, J, dated the 15^th day of October, 2012, denying the appellants costs upon dismissal of the 1^st respondent’s claim against them, and also for dismissing the appellant’s counter claim against the 1^st respondent.

The background to the appeal is that the first respondent sued the second respondent and the appellants on the 23^rd April, 1999, at the High Court Nairobi, vide a plaint dated the 3^rd day of March 1999, seeking from the 2^nd respondent and the appellants jointly and severally a sum of Kshs 1,918,398.70, for goods supplied and not paid for, together with interest at the rate of 18% p.a., costs, and any other relief the honourable Court could deem fit and just to grant. It is not disputed that the amount claimed was the value for fuel products supplied to the 2^nd respondent by the 1^st respondent through the appellants and not paid for. At the conclusion of the trial, the learned Judge absolved …