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Transworld Safaris (K) Limited v. Robin Makori Ratemo

(2008) JELR 94523 (CA)

Court of Appeal  •  Civil Appeal 78 of 2005  •  15 Feb 2008  •  Kenya

Coram
Samuel Elikana Ondari Bosire, John walter Onyango Otieno, Erastus Mwaniki Githinji

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

CIVIL APPEAL NO. 78 OF 2005

TRANSWORLD SAFARIS (K) LIMITED ............................... APPELLANT

AND

ROBIN MAKORI RATEMO ......................................... RESPONDENT

(Being an appeal from the judgment and decree of the High Court of Kenya

Nakuru Bauni J.) delivered on 18th March 2004

In

HCCS NO. 208 OF 2001)

****************

JUDGMENT OF BOSIRE J.A

This appeal is from the judgment and decree of the superior court (Bauni J.) dated 18th March 2004 in its Civil Case number Kisii High Court Civil Case No. 208 of 2001. The Plaintiff in that suit Robin Makori Ratemo, the respondent in this appeal was awarded damages of Kshs. 4,326, 610/= for injuries he sustained in a Hot Air balloon accident. The defendant in that suit, Transworld Safaris (K) Ltd, is the appellant in this appeal. In its Memorandum of Appeal the appellant raises issues of both fact and law, and both challenge the appellant’s liability and quantum of damages.

The main issue of law raised is wo…

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