a) Ukulima Limited created the position of managing director but no one was appointed to

the position. Brian Bundi, a director, with the knowledge of the other directors, purported

to act as the Managing Director and hired Mjengo Limited to do some work for the

company. Mjengo Limited has now demanded for payment for the work done but

Ukulima Limited has refused to pay stating that Brian Bundi had no authority to act on the

company's behalf.

Advise Mjengo Limited on the legal position.

(8 marks)

.