JUDGMENT OF BOSIRE, J.A
This is a first appeal from the decision of the superior court (Khaminwa, J.) given on 15th September, 2006, in which she gave judgment to JOSEPH OPPONG, the respondent, against PIL KENYA LTD, the appellant in the appeal. Being a first appeal the Court is enjoined to reconsider the evidence, analyse it and come to its own conclusion without overlooking the conclusions of the trial court and bearing in mind that unlike that court, this Court does not enjoy the benefit of looking at and hearing witnesses testify as to fully assess their credibility: see, Selles and Another v. Associated Motor Board company Ltd. and Others [1968] EA 123. This appeal, as was stated in that decision, is by way of a retrial. This Court has to make due allowance for the foregoing aspects.
In the decision appealed from Khaminwa J. held that the respondent, a Ghanaian national, had shipped a container, TRIU 9468377, through his agents in Japan, Afex and Associates Ltd, to Uganda via Momba…