ALLTEX EPZ LIMITED v KATE FREIGHT AND TRAVEL LIMITED [2007] KEHC 2532 (KLR)

Facts

The Plaintiff, Alltex EPZ Limited, is a garment manufacturer based at Athi River and operating under the Export Processing Zones arrangement. The Defendant, Kate Freight and Travel Limited, is a clearing and forwarding agent based at the Industrial Area in Nairobi. J. C. Penney, a departmental store in U.S.A., contracted Matchpoint LLC to source garments for its stores. Matchpoint then contracted the Plaintiff to supply the goods under AGOA arrangements. Expeditors International appointed the Defendant as their local agent in Kenya.

Issues

1. Whether the plaint is scandalous, frivolous and vexatious.
2. Whether the defendant is an agent of a known principal.
3. Whether the plaint is an abuse of the court process.

Reasoning

The court found no scandalous, frivolous, or vexatious elements in the plaint. The defendant was not an agent of a known principal, and the plaint was not an abuse of the court process. The peculiar nature of the transaction was deemed arguable and required a full hearing.

Outcome

Application dismissed with costs to the Plaintiff/Respondent