JUDGMENT OF THE COURT
1. This is an appeal from the judgment of Kimaru, J. delivered on 19th November, 2008 in which the court entered judgment in favour of the 1st respondent, (who was the plaintiff in the High Court suit), against the appellant in the sum of Kshs.906,670.50 together with interest thereon at 12% per annum from the date of filing of the suit as well as costs.
2. The 1st respondent’s claim arose from the loss of a consignment of photographic material weighing 665 kilograms (the consignment) that was supposed to be airfreighted from Nairobi to Asmara, Eritrea, by the appellant. The consignment was delivered through the 3rd respondent and was received, stored and handled by the 2nd respondent as the ground handling agent for the appellant. The 1st respondent averred that the consignment was lost while in the custody of the 2nd respondent.
3. In its defence, the 3rd respondent pleaded that the said consignment was lost while in the custody of the 2nd respondent and denied an…