JUDGMENT OF THE COURT
This is the unsuccessful second and third plaintiffs' appeal, with leave of the superior court at Mombasa (Mrs. Khaminwa, Commissioner of Assize) from a decision given on 26th October, 1999, whereby it dismissed their application and refused to give leave to enter judgment in default of appearance and defence against the second and third defendants in the suit, now the respondents in this appeal.
Kersam Limited, the first plaintiff in the suit, carries on the business of import, export and general trading entailing the importation and handling of goods in transit through Kenya to other countries. In or about July, 1997, the appellants allegedly engaged Kersam Limited to clear and forward two consignments comprising 3800 metric tonnes of sugar in transit from London through the Port of Mombasa to Kigali in the Republic of Rwanda. Under the Customs and Excise regulations governing the entry and passage of transit goods in Kenya, Kersam Limited was required to execute…