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STALLION INSURANCE COMPANY LIMITED v. IGNAZZIO MESSINA & C S.p.A

(2007) JELR 94227 (CA)

Court of Appeal  •  Civil Appeal 18 of 2001  •  25 May 2007  •  Kenya

Coram
Philip Kiptoo Tunoi, Philip Nyamu Waki, William Shirley Deverell

Judgement

JUDGMENT OF THE COURT

On the 16th May, 2000, the superior court (Ransley, Commissioner of Assize, as he then was) refused to exercise his discretion in favour of setting aside a judgment obtained in the main suit in default of appearance or defence being filed by the defendant. The appeal before us is against the dismissal of that application.

The parties ...................

The plaintiff in the main suit, and the respondent here, is Ignazzio Messina and C. S.p.A (hereinafter “Ignazzio” or the “respondent”). It is an Italian limited liability company registered in Genoa which carries on international business in shipping. For its operations in Kenya, it had signed an Agency Agreement with M/S. Marship Ltd (“Marship”) a Kenyan company, on 1st August, 1990 wherein, Marship would inter alia, collect all freight, accessories, detention fees, demurrage charges and any other amounts due to Ignazzio and remit it to Genoa on stated terms. As a precondition for the performance of their part of th…

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