MABATI ROLLING MILLS LIMITED v COMMISSIONER OF CUSTOMS & EXCISE [1996] KECA 84 (KLR)

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)

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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