judy.legal
Login Register

TRANSWORLD SAFARIS (K) LTD v. ROBIN MAKORI RATEMO

(2008) JELR 93868 (CA)

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

Coram
Erastus Mwaniki Githinji

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL OF KENYA AT NAIROBI Civil Appeal 78 of 2005

TRANSWORLD SAFARIS (K) LTD. ............................... APPELLANT

AND

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

(Appeal from the judgment of the High Court of Kenya at Kisii (Bauni J) dated 18th March, 2004

in

H.C.C.C. NO. 208 OF 2001)

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

JUDGMENT OF GITHINJI, J.A.

This is an appeal from the judgment and decree of the superior court sitting at Kisii (Kaburu Bauni J) dated 18th March, 2004 whereby the superior court awarded a total of Shs.4,326,610/= as damages to the respondent as a result of injuries sustained in a Hot Air Balloon accident.

The cause of action was pleaded in paragraphs 4 and 5 of the plaint dated 19th December, 2001, thus:

“4. On 12.7.2000 at about 6.00 a.m. at SAROVA MARA LODGE in the Maasai Mara Game Reserve the plaintiff was a lawful passenger in the defendant’s Hot Air Balloon when during take off the defendant, his agent and or servant s…

There's more. Sign in to continue reading

JUDY is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login