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BELUF ESTABLISHMENT v. ATTORNEY-GENERAL

(1993) JELR 105883 (CA)

Court of Appeal  •  Civil Appeal 134 of 1986  •  23 Sep 1993  •  Kenya

Coram
Akilano Molade Akiwumi

Judgement


REPUBLIC OF KENYA

IN THE COURT OF APPEAL OF KENYA PEAL

AT NAIROBI

Civil Appeal 134 of 1986

BELUF ESTABLISHMENT ............................................... APPELLANT

AND

THE ATTORNEY-GENERAL ........................................ RESPONDENT

(Appeal from a Judgment of the High Court of Kenya (at Nairobi) (Mr. Justice Sheikh Amin) dated the 7th day of November, 1987

In

H.C.C.C. No 2436 of 1978

********

JUDGMENT OF AKIWUMI, JA

In 1977, the appellant, a Swiss company with its principal place of business in Vaduz in Switzerland, bought from a company known as CAPACO of Beni in the well known coffee in growing province of Kivu in the Republic of Zaire, 360 bags of coffee Arabica. Payment for this international transaction was made by the appellant to the vendor in US dollars, 82,643.92 US dollars, to be precise . The consignment of coffee was to be: shipped from Mombasa to Antwerp in Belgium and so it became necessary for it to be transported first by road and through Kenya to Mombasa. To guard…

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