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Safmarine Kenya Limited v. KRK Impex PVT Limited & Accord Metals (Kenya) Limited

(2015) JELR 96412 (CA)

Court of Appeal  •  Civil Appeal 210 of 2011  •  16 Oct 2015  •  Kenya

Coram
Hannah Magondi Okwengu, Mohammed Abdullahi Warsame, Philomena Mbete Mwilu

Judgement

JUDGMENT OF THE COURT

By way of an amended plaint dated 24th November 2008, the 1st respondent herein, sued the appellant and the 2nd respondent. In that amended plaint, the 1st respondent alleged that the 2nd respondent had given an undertaking to the appellant relinquishing all its rights in respect of seven containers of cast iron metal scraps. The undertaking was given on behalf of the appellant, who refused to honour it and further refused to issue bills of lading in respect of the cargo in favour of the 1st respondent, or to follow instructions with regard to shipping of the cargo. It emerged that the undertaking had been revoked by the 2nd respondent without any notice or reference to the 1st respondent. Thus the 1st respondent claimed the enforcement of the undertaking issued by the 2nd respondent, or in the alternative, a refund of the sum of US$ 100,000 received for the cargo. The 1st respondent also claimed demurrage charges or any costs associated with the holding of the ca…

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