REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CORAM: TUNOI, GITHINJI and ONYANGO OTIENO, JJ.A CIVIL APPEAL 29 OF 1999 BETWEEN
RAYTHEON AIRCRAFT
CREDIT CORPORATION................................................. 1ST APPELLANT
NAC AIRWAYS LIMITED................................................. 2ND APPELLANT
AND
AIR AL-FARAJ LIMITED .................................................. RESPONDENT
(An appeal from the Ruling and Order of the High Court of Kenya at Nairobi (Mbogholi, J) given on the 8 th October, 1998 in H.C.C.C. NO. 1611 OF 1998) *********************
JUDGMENT OF GITHINJI, J.A.
The facts giving rise to this appeal are simple and not largely in dispute. They may briefly be stated as follows. By a Lease Purchase Agreement dated 2nd December, 1997, the 1st appellant, RAYTHEON AIRCRAFT CREDIT CORPORATION, (Raytheon) a company incorporated under the Laws of Kansas, United States of America, leased to the respondent, AIR AL-FARAJ LIMITED, a company duly incorporated in Kenya under …