JUDGMENT OF THE COURT
1. When is a foreign judgment enforceable in Kenya? Are there exceptions or, put another way, which foreign judgments are not enforceable? What is the true construction of sections 3 (3) (b); 4 (1) (a), (b), (c), (i) and (g), of the Foreign Judgments (Reciprocal Enforcement) Act? These and other issues on jurisdiction and res judicata arise for our consideration and we shall do so presently. First, the background to the appeal.
2. The appellant, Dhanjal Investments Ltd (Dhanjal) is a Kenyan Company in the hospitality business, which owns and operates the Travellers Beach Hotel in Mombasa. It also operates a tented camp in Mwaluganje elephant sanctuary, known as Travellers Camp. The respondent on the other hand, Cosmos Holidays PLC (Cosmos) is a private company registered in the United Kingdom in the business of a tour operator, selling package holidays to UK consumers to various holiday destinations around the world.
3. In the course of that business, Cosmos entered…