SECURICOR COURIER (K) LTD V. BENSON DAVID ONYANGO & MARGARET R. ONYANGO

JUDGMENT OF THE COURT

The appellant is aggrieved by the judgment of the superior court, Aganyanya J – (as he then was) delivered on the 19^th March, 2002 dismissing the appellant’s appeal against the quantum of damages awarded by the subordinate court for breach of contract on carriage on goods.

By a plaint filed in the Senior Resident Magistrate’s Court, Naivasha, the two respondents claimed from the appellant, a courier company, Shs.76,150.90 being the value of two parcels, a Sony Television and a Micro-component (JVC system) which the appellant allegedly in breach of contract failed to deliver to the rightful consignee. The respondents in addition claimed general damages for breach of contract.

The essential facts are not in dispute. On 13^th July, 1995, the 1^st respondent, a military man, took two parcels to the offices of the appellant, at Thika for delivery to his wife, the 2^nd respondent at Naivasha. One of the parcels contained a Sony Television and the second parcel a JVC system. …