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Kenya Ports Authority v. African Line Transport Co. Ltd

(2014) JELR 99987 (CA)

Court of Appeal  •  Civil Appeal149 of 2012  •  27 Mar 2014  •  Kenya

Coram
Hannah Magondi Okwengu, Milton Stephen Asike Makhandia, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

[1] This appeal arises from a dispute that arose between Kenya Ports Authority (hereinafter referred to as the “Appellant”), a public corporation responsible for maintaining and regulating the operations at the Port of Mombasa, and African Line Transport Company Limited (hereinafter referred to as the “respondent”),a road transport company. The dispute concerned a consignment of goods, which was imported by the respondent through the Port of Mombasa. The consignment of goods was allegedly received at the Port of Mombasa and either detained or unlawfully seized by the Appellants for a period of 632 days. As a result the respondent filed a suit in the High Court seeking judgment as follows:

“a) Special damages of Kshs.80,829,250/-,

Release of the consignment to the Plaintiff and/or payment of loss of income and special damages,

General damages,

Costs of and incidental to this suit,

Interest at 36% or loss of income and special damages from January 2002, until judgment a…

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