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P.N. Mashru Transporters Limited v. Rayshian Apparels Limited

(2016) JELR 94124 (CA)

Court of Appeal  •  Civil Appeal 256 of 2009  •  19 May 2016  •  Kenya

Coram
Martha Karambu Koome, George Benedict Maina Kariuki, Sankale ole Kantai

Judgement

JUDGMENT OF THE COURT

By an amended plaint filed at the High Court of Kenya at Nairobi on 31st March, 2004 the respondent, Rayshian Apparels Limited claimed from the appellant, P.N. Mashru Transporters Limited, a sum of US$158,437.10. It was alleged in the plaint that the respondent had contracted the appellant as a common carrier of goods to transport and deliver to the respondent its goods from Mombasa to Nairobi but that after receipt of those goods the appellant had failed to deliver the goods which were lost or stolen while on transit.

The appellant denied the claim and raised as a defence that the goods were transported at owners risk and that loss, if any, could not be visited on the appellant.

The suit was heard by Osiemo, J, who, in a judgment delivered on 17th October, 2008 dismissed the appellant’s defence and entered judgment for the respondent as pleaded in the plaint. Those orders provoked this appeal premised on a Memorandum of Appeal where the appellant raises 9 grounds o…

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