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GIBSON OMBONYA SHIRAKU
V.
BRITISH AIRWAYS PLC

(2014) JELR 101840 (CA)

Court of Appeal 6 Jun 2014 Kenya
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Case Details

Suit Number:Civil Appeal 149 of 2004
Judges:Daniel Kiio Musinga, George Benedict Maina Kariuki, Jamila Mohammed
Location:Nairobi
Other Citations:Gibson Ombonya Shiraku v. British Airways Plc [2014] eKLR

JUDGMENT OF THE COURT

Mr. Gibson Ombonya Shiraku, the appellant, lodged an appeal in this Court way back on 15th July 2004 against the judgment of the High Court (Hon. Lady Justice Gacheche) delivered on 14th November 2002 in suit No. NBI HCCC No. 1765 of 1998 in which he had sued British Airways for recovery of general and special damages on the ground that the said Airline had defamed him and lost his goods valued at Shs.153,600/= while he was about to board British Airways Flight No. BA 2832 at London’s Gatwick International Airport enroute to Paris Charles De Gaule Airport. The appellant alleged that British Airways, the respondent, without any reasonable cause maliciously caused him to be arrested on suspicion that he was carrying dangerous cargo into the plane and that he was a danger and a risk to other travellers, and crew. These allegations were denied by the respondent and the suit went to hearing before Lady Justice Gacheche who, on 13th November 2002, dismissed it with cost…

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