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JETLINK EXPRESS LIMITED
V.
EAST AFRICAN SAFARI AIR EXPRESS LTD

(2015) JELR 100993 (CA)

Court of Appeal 18 Dec 2015 Kenya
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Case Details

Suit Number:Civil Appeal 281 of 2009
Judges:Erastus Mwaniki Githinji, Martha Karambu Koome, Jamila Mohammed
Location:Nairobi
Other Citations:Jetlink Express Limited v. East African Safari Air Express Ltd [2015] eKLR

JUDGMENT OF THE COURT

By a further amended plaint dated 23rd November 2007, Jetlink Express Limited (appellant) sued East African Safari Air Express Ltd (respondent) for a sum of USD 4,068,091.86 being in respect of a bilateral interline traffic agreement whereby the appellant claimed to have sold or booked transportation tickets and chartered aircrafts to fly on the respondents routes and on its behalf and as a result the aforesaid sum of money was allegedly incurred.

The respondent denied owing the appellant the sums claimed and filed an amended defence and counterclaim against the appellant for a sum of USD 902,142 with interest and costs. The aforesaid sum was in respect of moneys received by the appellant from the sale of tickets on the respondents’ flights. The appellant applied for interim orders of injunction to restrain the respondent from filing, advertising or presenting a winding up petition against it through an application dated 15th February 2007. An order of injunction w…

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