ECHKEN AGENCIES
V.
ARGOS FURNISHERS LTD & 3 OTHERS

JUDGMENT OF THE COURT

The appeal herein is against the judgment of Azangalala, J. (as he then was) delivered on 25^th April 2008.

A brief background to this appeal is that by an amended plaint dated 1^st December 1998, Argos Furnishers Ltd (the 1^st respondent herein) filed suit against P. and O.Containers (the 1^st defendant and the 2^nd respondent herein); Kenya Ports Authority (hereinafter KPA) (the 2^nd defendant and the 3^rd respondent herein); Echken Agencies (the 3^rd defendant and the appellant herein) and Commercial Transporters Limited (the 4^th defendant and the 4^th respondent herein).

In the amended plaint, it was averred that all the defendants “...failed to deliver,clear, carry respectively the said goods intact or at all and to deliver the same to the plaintiff and/or the plaintiff’s representative in Nairobi ”.

The1^st respondent sought the following orders against the defendants jointly and severally;-

“a.Kshs.531,818 as particularized in paragraph 12 herein.

b. Costs of this suit p…