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Thuita Mwangi v. Kenya Airways Limited

(2010) JELR 96460 (CA)

Court of Appeal  •  Civil Appeal 170 of 2003  •  17 Dec 2010  •  Kenya

Coram
Emmanuel Okello O'Kubasu, Moijo Matayia Ole Keiwua, Joseph Gregory Nyamu

Judgement

JUDGMENT OF THE COURT

This is an appeal from the judgment of the superior court (Hayanga, J.) delivered on 29th September, 2000 in which the learned Judge dismissed the appellant’s suit in the superior court. The appellant herein, THUITA MWANGI, sued the respondent KENYA AIRWAYS LIMITED seeking judgment for US$6,700 as special damages, general damages plus interest and costs of the suit. The salient paragraphs of the plaint were as follows:- “4. In 1992, the plaintiff purchased an air ticket from the defendant being ticket Number 6222:065:770:4 in Nairobi to fly as passenger for reward in the Defendant’s aircraft from Nairobi to John F. Kennedy International Airport in New York, U.S.A. via London and the initial date of arrival in New York endorsed on the said ticket was 20th September, 1992.5. Due to other commitments, the plaintiff requested and the defendant agreed to change or vary the date of arrival in the said ticket to 25th September, 1992.6. The plaintiff states that the defen…

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