MUMIAS SUGAR COMPANY LIMITED
V.
SYNERGY INDUSTRIAL CREDIT LIMITED & ANOR

JUDGMENT OF THE COURT

The 1^st respondent on 10^th April, 2008 initiated a suit in the High Court at Nairobi against the appellant and the 2^nd respondent jointly. In the suit the 1^st respondent claimed a sum of Kshs.7,493,047/- from the 2^nd respondent, and order of specific performance compelling the appellant to forthwith pay a sum of Kshs.4,819,211/-, on behalf of the 2^nd respondent and a similar order compelling the appellant to perform its obligations and/or honour the monthly repayment installments of Kshs.193,750/- to the 1^st respondent until discharged in writing, costs and interest.

The suit was informed by the fact that the 1^st respondent was a financier in the years 2004 and 2006 entered into various hire purchase agreement with the 2^nd respondent pursuant to an undertaking given by the appellant to remit all installments to the 1^st respondent on behalf of the 2^nd respondent during the subsistence of the hire purchase agreements. Towards this end, the 1^strespondent financed the …