SAUDI ARABIAN AIRLINES V. KODAK (K) LIMITED,KENYA AIRFREIGHT HANDLING LTD & LYNDALIAN AIRFREIGHTERS & FORWARDERS LTD

JUDGMENT OF THE COURT

1. This is an appeal from the judgment of Kimaru, J. delivered on 19^th November, 2008 in which the court entered judgment in favour of the 1^st 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 1^st 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 3^rd respondent and was received, stored and handled by the 2^nd respondent as the ground handling agent for the appellant. The 1^st respondent averred that the consignment was lost while in the custody of the 2^nd respondent.

3. In its defence, the 3^rd respondent pleaded that the said consignment was lost while in the custody of the 2^nd respondent and denied an…