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Raytheon Aircraft Credit Corporation & NAC Airways Ltd v. Air Al-Faraj Ltd

(2005) JELR 94131 (CA)

Court of Appeal  •  Civil Appeal 29 of 1999  •  8 Jul 2005  •  Kenya

Coram
Philip Kiptoo Tunoi, John walter Onyango Otieno, Erastus Mwaniki Githinji

Judgement

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 …

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