JUDGMENT OF THE COURT
This is an appeal from the judgment of the superior court (Sergon, J) delivered on 3rd November 2006. The dispute has its origin in the plaint dated 23rd July, 2002 in which the appellant herein, Afrofreight Forwarders Ltd, (as the plaintiff), sued the respondent African Liner Agencies Ltd claiming a sum of Kshs. 359,686/- in respect of railage services the appellant provided to the respondent in the year 1997. The respondent filed a defence denying the claim. After a trial before the Resident Magistrate’s Court at Mombasa judgment in the sum of Kshs. 342,625/- was entered in favour of the appellant. Being aggrieved by that decision of the Resident Magistrate’s court the respondent herein preferred an appeal to the superior court challenging the learned Resident Magistrate’s judgment on the following main grounds:-
(i) That the trial court erred in law in holding that the appellant was not acting for a disclosed principal.
(ii) That the trial magistrate erred in law…