JUDGMENT OF THE COURT
This is an appeal from the judgment of Mr. Justice D.K.S. Aganyanya J (as he then was) dated 14th March 2002 in High Court Civil Appeal No. 342 of 1998 which was in turn an appeal from the decision of the Senior Principal Magistrate, Miss. F.M. Muchemi in her judgment and order delivered on 18th September, 1998 in Civil Case No. 1467 of 1996 in the Senior Principal Magistrate’s Court at Kiambu.
In the appeal before us the appellant, James Francis Kariuki, was an Auctioneer trading under the name Ndarugu Merchant Auctioneers hereinafter “Ndarugu” while the respondent, who was also an Auctioneer, was Mathew Ndau Kanyi trading as Panama Rovers Auctioneers hereinafter “Panama”. Both Ndarugu and Panama were licensed auctioneers.
The relevant paragraphs of the plaint filed by Panama in Civil Case No. 1467 of 1996 read as follows:-
3. On or about the 23rd of June 1995 the Receivers of Kenya Fibre Corporation Ltd. gave the plaintiff and the defendant instructions to jointly …