COTECNA INSPECTION S.A
V.
HEMS GROUP TRADING COMPANY LIMITED

REPUBLIC OF KENYA

IN THE COURT OF APPEAL OF KENYA PEAL AT NAIROBI

Civil Appeal 45 of 2001

COTECNA INSPECTION S.A ...................................................................................... APPELLANT

AND

HEMS GROUP TRADING COMPANY LIMITED.............................................................RESPONDENT

(Appeal from a judgment and decree of the High Court of Kenya

doret (Nambuye, J) dated 19^th October 2000

in

H.C.C.C No. 126 of 1997)

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JUDGMENT OF ONYANGO OTIENO, J.A:

The respondent, Hems Group Trading Company Limited, sued the appellant, Cotecna Inspection S.A, by way of a plaint dated 16^th April 1997. That plaint was amended on 29^th May 1997. In the amended plaint, the respondent claimed Ksh.35,241,968/= as special damages, general damages for breach of duty, interest on the two claims and costs. These claims were made against the appellant on grounds that the appellant, being a company operating a comprehensive import supervision scheme intended to ensure t…