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 the provisions of the Companies Act Cap 486 Laws of Kenya, an Aircraft Model Beechcraft 1900c Serial Number UC-144, Kenyan Registration Number 5Y BND under the terms and conditions provided therein.
The respondent then took possession of the said Aircraft in January, 1998. It is pleaded that on or about 19th June, 1998 the 2nd appellant purporting to act on behalf of the 1st appellant and without informing the respondent and without due authority and legal cause flew the said Aircraft out of the jurisdiction of this Court and took it to South Africa. It is the re…