On 4th October 2013, the Court of Appeal delivered a ruling on Civil Appeal No. 247 of 2005: Victor Mabachi and Another vs. Nurtun Bates Limited. This was an appeal from the ruling of the High Court where the learned Judge dismissed the Appellants application which sought to dismiss the Respondent’s suit on the grounds that they were improperly joined in the suit as they were agents of a disclosed principal. The Court of Appeal in allowing the appeal observed that since the Appellants were agents of a disclosed principal they could not be personally liable on behalf of the company hence they were improperly joined in the suit.
The appellants were represented by Mr. Mohammed Nyaoga of Mohammed Muigai Advocates