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

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

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