This appeal concerns the competence of the suit which was struck by the Subordinate Court on the basis that the Appellant did not demonstrate that it had capacity to file the suit by failing to file resolution by the Company.
The Court of Appeal in Makupa Transit Shade Limited and Another v Kenya Ports Authority and Another [2015] eKLR resolved this issue by stating that, “In our view, the Authority, as with other corporate bodies, has its affidavits deponed on its behalf by persons with knowledge of the issues at hand who have been so authorized by it. It was therefore sufficient for the deponents to state that “they were duly authorized.” It was then up to the appellants to demonstrate by evidence that they were not so authorized”.
Counsel for the Respondent properly concedes the appeal in light of the aforesaid decision.
The Appeal is allowed and the ruling dated 21.01.2022 is set aside. The matter is referred back to the Subordinate Court to hear and determine the matter.
There shall be no order as to costs.
DATED and DELIVERED at NAIROBI this 17th day of OCTOBER 2023
D. S. MAJANJA
JUDGE