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Capricorn Freights Forwarders Limited v. Victor Omondi t/a First Impex & First Westlink

(2015) JELR 106831 (CA)

Court of Appeal  •  Civil Application 22 of 2015 (UR. 20/15)  •  31 Jul 2015  •  Kenya

Coram
Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti

Judgement

RULING OF THE COURT

This is an application from the ruling of the High Court (Kasango J.) wherein the application dated 13th February, 2015 in which the applicant sought orders for conditional attachment of the four containers namely MAEU 8386788, PONU 7522661, MRKU 4595019 and MRKU 2541395 then lying at the port of Mombasa and for the respondent to furnish security in the sum of Kshs.15,973,831/- was dismissed.

Vide a plaint dated 18th February 2015, the applicant claimed as against the respondent Kshs.15,973,831/-, general damages for breach of agreement, costs and interest on account of clearing and forwarding transactions it undertook on behalf of and at the instance and request of the respondent regarding its consignments passing through the port of Mombasa.

In response, the respondent denied the applicant’s claim and specifically denied existence of a written agreement appointing the applicant as its sole clearing agent. It was further pleaded that in the event that there was such …

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