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Kenya Ports Authority v. Timberland (K) Limited

(2017) JELR 99974 (CA)

Court of Appeal  •  Civil Appeal 24 of 2011  •  22 Nov 2017  •  Kenya

Coram
Philip Nyamu Waki, Roselyn Naliaka Nambuye, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

The central issue in this appeal is whether the High Court at Nakuru (Maraga, J, as he then was, now Chief Justice) erred in holding that the suit by Timberland (K) Ltd, the respondent herein against the appellant Kenya Ports Authority, which had admittedly been filed long after the expiry of the 12-month limitation period set out under section 66 of the Kenya Ports Authority, was still competent by reason of section 26 of the Limitation of Actions Act by which time runs from the date of discovery of concealed fraud.

The facts relevant to the determination of the issue were quite straight-forward and can be briefly stated. Sometime in the year 1999, the respondent imported a consignment of machinery to be delivered through the port of Mombasa in three containers about which the respondent was advised and it duly executed the requisite documents and paid all charges and fees required for the release of the goods, only to be advised that one of the containers No. GST…

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