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DEBONAIR TRAVEL LIMITED & KENNEDY GICHUHA CHEGE V. MOHAMMAD HASSIM PONDOR & ABDULRAZAK KHALFAN (BOTH SUING ON BEHALF OF THE INTERNATIONAL AIR TRANSPORT ASSOCIATION (IATA), MERCANTILE LIFE & GENERAL ASSURANCE CO LTD & BERITA KASWII GICHUHA

(2015) JELR 105264 (CA)

Court of Appeal  •  Civil Appeal 88 of 2008  •  16 Oct 2015  •  Kenya

Coram
Erastus Mwaniki Githinji, Daniel Kiio Musinga, Jamila Mohammed

Judgement

JUDGEMENT OF THE COURT

This is an appeal from the Ruling of the High Court (Warsame, J. – [as he then was]) whereby the High Court struck out the appellants’ defence and entered judgment for the respondents for Kshs. 23,996,591.00 and USD 2,864.52 together with interest and costs.

By an amended plaint filed on 9th January 2007, Mohammad Hassim Pondor, the 1st respondent herein, an attorney of International Air Transport Association (IATA) and the 2nd respondent, an insurance company claimed from the 1st appellant, an agent of IATA, and from 2nd appellant as Managing Director of the 1st appellant, and from one Berita Kaswii Gichura, a Director of the 1st respondent, Kshs. 23,996,791.00 and USD 2,684.52 which the 1st respondent as agent of IATA had allegedly failed to pay to the 1st respondent in breach of Passenger Sales Agency Agreement dated 6th June 2001.

The respondents averred inter alia, that by the agreement of 6th June 2001 between each IATA member and the 1st appellant, IATA appo…

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