Jackson Sagligram Baburam & 4 others v Suereca East Africa Limited & another [2020] KEELC 261 (KLR)
- Court
- Environment & Land Court
- Case number
- 261
- Citation
- [2020] KEELC 261 (KLR)
The 1st Defendant is not personally liable for tortious acts committed in the course of its employment as an agent of the 2nd Defendant.
Facts
The 1st Defendant entered into a contract with the 2nd Defendant to provide consultancy services for a project known as Long Term Action Plan (LTAP) Phase I Works, Kisumu supply and sanitation project. The 1st Defendant was an agent of the 2nd Defendant, and the Plaintiffs admitted this in their plaint.
Issues
- General liability of an agent for a wrongful act
- Attributability of alleged wrongful acts to the 1st Defendant
Reasoning
The court held that the 1st Defendant was an agent of the 2nd Defendant and that the Plaintiffs admitted this in their plaint. Therefore, the 1st Defendant is not personally liable for tortious acts committed in the course of its employment.
Outcome
The application to strike out the 1st Defendant from the suit was dismissed.
Orders
- The application to strike out the 1st Defendant from the suit was dismissed
Authorities cited
Cases cited (2)
- Halsbury's Laws of England Vol. 1 (2017) at Paragraph 165
- Williams and another v Natural Life Health Foods Ltd and another [1998] 2 All ER 577
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