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Kenya Airfreight Handling Ltd v. Kenital Solar Energy Ltd & Air France

(2011) JELR 100151 (CA)

Court of Appeal  •  Civil Appeal 275 of 2002  •  11 Mar 2011  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Alnashir Ramazanali Magan Visram, Erastus Mwaniki Githinji

Judgement

JUDGMENT OF THE COURT

By a plaint dated 17th September, 1996 and filed in the superior court on 18th September, 1996, the 1st respondent, Kenital Solar Energy Ltd (Kenital) (plaintiff in the superior court) claimed from the appellant, Kenya Airfreight Handling Ltd (KAH) (1st defendant in the superior court) and the 2nd respondent, Air France (2nd defendant in the superior court) the sum of Kshs.2,055,876/= being the value of goods comprising invertors packed in a pallet weighing 313 kg lost while in the care and custody of KAH. Kenital also claimed loss of profits amounting to Kshs.1,155,876/=.

The material facts are not in dispute. On 13th October, 1995, Kenital ordered a consignment of goods comprising two pallets of invertors weighing 620 kg from the United States of America. It contracted Air France to transport the same to Nairobi, and to have them delivered to it in Nairobi. Air France did so, and duly delivered the same to KAH, its ground handling agent on 25th October, 1995. Aft…

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