February 15, 1985, Madan JA delivered the following Judgment.
This appeal arises from two consolidated cases being Suit No. 4141 and No. 4142 of 1979 which were instituted in the High Court by the respondent (plaintiff) a limited liability company incorporated in Kenya. The first defendant in each case were the first two appellants the United India Insurance company Limited, and the Oriental Fire and General Insurance Company Limited respectively. They are both incorporated in India; they are registered as two foreign companies under the Kenya Companies Act. They both carried on insurance business in Kenya.
The Kenindia Assurance Company Limited is a limited liability company incorporated in Kenya. It was the second defendant in both cases having been joined as a necessary party in the proceedings as it has been carrying on the business of insurance in Kenya since the July 27, 1979 when it assumed the responsibility for the due fulfillment of all the existing and pending obligations and…