TORNADO CARRIERS LIMITED V. KENFREIGHT UGANDA LIMITED & KENFREIGHT EAST AFRICA LIMITED

JUDGMENT OF THE COURT

1. This is an appeal challenging the grant of registration, by the High Court of Kenya at Mombasa (the superior court), of a foreign judgment delivered on 22nd February, 2016 before the High Court at Kampala (the court of origin). By an Originating Summons dated 24th May, 2016, filed at the superior court, the respondents sought registration of the foreign judgment on the basis that though they were awarded a sum of €45,362 therein; being the value of goods lost in the course of transit with the appellant; the appellant was yet to settle the said sum. The application for registration was supported by an affidavit sworn on 19th May, 2016 by Yese Mugenyi.

2. Opposed to the application, the appellant filed a replying affidavit sworn on 25th July, 2016 by the Director of the appellant, one Shakil Ahmed Khan; who deposed that by allowing the application, the court would be ousting the jurisdiction of the High Court of Kenya, which under the Constitution has the exclusiv…