JUDGMENT OF THE COURT
This is an appeal from the ruling and orders of the High Court of Kenya at Nairobi (Ringera J) given on 2nd July 1996.
The appellant has sued the respondent for shs. 500,000/= with interest and costs. The basis of the appellant’s claim as disclosed in paragraph 3 of his plaint is that by a power of attorney one Kimani Nganga trading as Ceketco Freight Forwarders Ltd. (Ceketco) empowered the appellant to recover a sum of shs. 500,00/=, owed to him by Ceketco, from the respondent. Thus, the appellant has sued the respondent to recover shs. 500,00/= in respect of services rendered by Ceketco to the respondent namely to clear the respondent’s goods with the customs Department.
By its amended defence and counterclaim the respondent denied that it owed Ceketco the said sum of shs. 500,000/= or any other sum at all as alleged in paragraph 3 of the plaint. It also denied that the respondent had any knowledge of any services rendered to it by Ceketco and put the appellant to…