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RAYTHEON AIRCRAFT CREDIT CORPORATION & NAC AIRWAYS LIMITED v. AIR ALFARAJ LIMITED

(1998) JELR 94113 (CA)

Court of Appeal  •  civil appl no.nai.326 of 98  •  15 Jan 1998  •  Kenya

Coram
Amrittal Bhagwanji Shah, Philip Kiptoo Tunoi, Richard Otieno Kwach

Judgement

RULING OF THE COURT

On 21st July, 1998, the respondent AIR AL-FARAJ LIMITED (hereinafter referred to as "the plaintiff") filed a suit in the High Court against RAYTHEON AIRCRAFT CREDIT CORPORTATION (a U.S. Company) and NAC AIRWAYS LIMITED (a Kenyan Company) (hereinafter referred to as "the defendants") seeking the following reliefs:

(1)A mandatory injunction compelling the defendants to return the Aircraft (Beechcraft 1900 serial No.UC-144, Kenyan registration 5YBND) to the jurisdiction of the court and to the lawful custody and possession of the plaintiff. (2)A permanent injunction restraining the defendants their agents, servants from selling disposing of, charging, leasing deregistering or in any way interfere with the plaintiff's rights over the aircraft.

(3)A declaration that the defendants in the allegedly (sic) repossessing the Aircraft were not entitled to repossession in law.

At the time of the filing of the suit the plaintiff took out a chamber summons under a certificate of ur…

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