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Tadis Travel & Tours Ltd & Eritrean Airlines Limited v. Astral Aviation Limited

(2015) JELR 94199 (CA)

Court of Appeal  •  Civil Appeal 3 of 2008  •  25 Sep 2015  •  Kenya

Coram
Hannah Magondi Okwengu, George Benedict Maina Kariuki, Philomena Mbete Mwilu

Judgement

JUDGMENT OF THE COURT

[1] Tadis Travel and Tours Ltd and Eritrean Airlines Limited are the 1st and 2nd appellants respectively. They were the defendants in High Court Civil Suit No.271 of 2004 (Milimani) from which this appeal arises. The suit was filed by Astral Aviation Limited who is now the respondent in this appeal.

[2] As evident from an amended plaint dated 16th June, 2004 the respondent’s claim against the appellants was for USD 125,178.86 plus general damages, costs of the suit and interest at court rates from 1st June, 2003 until payment in full.

[3] The appellants denied the respondent’s claim contending that the respondent had no locus standi to lodge any claim against it as the appellants’ liability, if any, was to the respondent’s client and not to the respondent. By an amended defence and counterclaim, the appellants’ counterclaimed from the respondent a sum of USD 295,087.60 as amount due to the appellants in respect of professional services rendered, and or goods sold an…

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