JETLINK EXPRESS LIMITED V. EAST AFRICAN SAFARI AIR EXPRESS LTD

JUDGMENT OF THE COURT

By a further amended plaint dated 23^rd November 2007, Jetlink Express Limited (appellant) sued East African Safari Air Express Ltd (respondent) for a sum of USD 4,068,091.86 being in respect of a bilateral interline traffic agreement whereby the appellant claimed to have sold or booked transportation tickets and chartered aircrafts to fly on the respondents routes and on its behalf and as a result the aforesaid sum of money was allegedly incurred.

The respondent denied owing the appellant the sums claimed and filed an amended defence and counterclaim against the appellant for a sum of USD 902,142 with interest and costs. The aforesaid sum was in respect of moneys received by the appellant from the sale of tickets on the respondents’ flights. The appellant applied for interim orders of injunction to restrain the respondent from filing, advertising or presenting a winding up petition against it through an application dated 15^th February 2007. An order of injunction w…