JUDGMENT OF THE COURT
1. This is a second appeal from the original judgment of C. G. Mbogo, C.M. in C.M.C.C. No. 737 of 2004. In the suit that was filed by the appellant, she stated that she entered into an agreement with a company known as Riva Flora Limited (hereinafter “Riva”) for supply of flowers between the months of June, 1999 and March, 2000.
2. Riva was a subsidiary of Rift Valley Bottlers Limited, the respondent. Riva was placed under receivership by ICDC Investment Company Limited, a debenture holder, who also appointed Johnstone Walubengo as the receiver/manager of Riva.
3. The appellant filed the suit against the receiver/manager and the respondent, jointly and severally, seeking to recover a sum of Kshs.896,977.10 in respect of flowers supplied to Riva over the period stated above.
4. In their separate statements of defence, the two defendants denied the appellant’s claim. They contended, inter alia, that there was no privity of contract between the appellant and the respond…