JUDGMENT
The appellant, Compact Freight Systems Limited, is aggrieved by a judgment of the High Court (PJO Otieno, J) delivered on February 28, 2020 allowing a claim by the 1st respondent, Multiserve Oasis Company Limited, against the appellant for loss of a consignment of 153 bales of imported assorted garments with a value of USD 214,803.00. The court also awarded the 1st respondent USD 4300.00 being cost of accommodation; Kshs 92,560 being the cost of an air ticket to China; and interest and costs.
In its suit before the High Court, the 1st respondent (the plaintiff in the trial court) averred that it imported a container containing 212 bales of assorted ready-made garments from the Republic of China aboard motor vessel Kota Nanhai which was discharged at the Port of Mombasa Kilindini on July 26, 2009; that Kenya Ports Authority (KPA), the 2nd respondent, on its own accord nominated and delivered the container to the appellant; that the appellant and KPA failed to safely and securely…