[1996] KECA 84 (KLR)
The Court of Appeal held that payment by the respondent to a firm called Pwani Forwarders, which was not the appointed agent of the appellant, did not discharge the respondent's debt. The fact that the proprietor of the firm was at some stage an employee of the appellant's appointed agent was irrelevant. Since the...
Source-derived case information.
- Citation
- [1996] KECA 84 (KLR)
- Parties
- Appellant: Mabati Rolling Mills Limited; Respondent: Commissioner of Customs & Excise
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Malindi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 117 of 1995
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal_allowed
- Legal Topics
- Agency Relationships, Payment of Debts, Judgment Enforcement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mabati Rolling Mills Limited
Appellant
Commissioner of Customs & Excise
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether payment made by the respondent to a firm not appointed as agent of the appellant discharged the respondent's debt to the appellant.
- 2 Whether the appellant is entitled to judgment for the admitted debt.
Ratio Decidendi
The Court of Appeal held that payment by the respondent to a firm called Pwani Forwarders, which was not the appointed agent of the appellant, did not discharge the respondent's debt. The fact that the proprietor of the firm was at some stage an employee of the appellant's appointed agent was irrelevant. Since the debt was otherwise admitted and there was no valid defence, the appellant was entitled to judgment for the claimed sum with interest and costs. The High Court's ruling was set aside and judgment entered for the appellant.
Court Disposition
appeal_allowed
Orders
- The appeal is allowed.
- The ruling and order of the High Court dated 7th February, 1994 are set aside.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT MOMBASA Civil Appeal 117 of 1995
MABATI ROLLING MILLS LIMITED ……………….............................................…………..APPELLANT
AND
COMMISSIONER OF CUSTOMS & EXCISE ……….......................................…………RESPONDENT
(Appeal from a Ruling and Order of the High Court of Kenya at Mombasa (Justice
Wambilyangah) dated 7th day of February, 1994
IN
H. C. C. C. NO. 169 OF 1994)
*************************
JUDGMENT OF THE COURT
This appeal must succeed. Payment made by the respondent to a firm called Pwani Forwarders was not made to Pwani Forwarders Limited, the appointed agent of the appellant. As the debt was otherwise admitted there is clearly no defence to the appellant’s claim. The fact that the proprietor of the firm to which payment was made was at some stage an employee of Pwani Forwarders Ltd is neither here nor there.
For these reasons we allow the appeal, set aside the ruling and order of the High Court dated 7th February, 1994, and in Lieu thereof enter judgment for the appellant in the sum of Shs. 1,065,891/= together with interest at court rates from the date of filing the plaint until payment in full. The appellant will have the costs of the suit and the appeal.
Date and delivered at Mombasa this 18th day of January, 1996.
R. O. KWACH
………………..
JUDGE OF APPEAL
R. S. C. OMOLO
………………….
JUDGE OF APPEAL
A. B. SHAH
……………………
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR