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OMAR SHARRIF T/A KEMCO AUTO V. FREIGHT FORWARDERS LIMITED & CONSOLE BASE LIMITED

(2008) JELR 95940 (CA)

Court of Appeal  •  Civil Appeal 176 of 2007  •  19 Nov 2008  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Philip Kiptoo Tunoi, John walter Onyango Otieno

Judgement

JUDGMENT OF THE COURT

In an amended plaint dated 31st January 2005, the appellant herein, Omar Sharif, trading as Kemco Auto, sued Freight Forwarders Limited and Console Base Limited (first and second respondents respectively), seeking against them jointly and severally, judgment for USD 85,000, general damages, costs of the suit and interest at court rates on USD 85,000 and general damages on grounds that due to the negligence of both respondents, the appellant lost part of his imported goods/cargo which he, under contract with the first respondent, the first respondent took into its custody but handed over to the second respondent which did not take serious precaution to protect it by failing to provide reliable security to guard the goods and/or failing to ensure that the same goods/cargo were beyond the reach of thieves and/or burglars. Both respondents denied the claim and the first respondent filed its written statement of defence on first April 2005 while the second respondent …

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