JUDGMENT OF THE COURT
The Kenya Railways Corporation, the appellant, asks this court to set aside the order of the High Court (Aragon, Ag J) in Mombasa of May 16, 1983, and direct that it’s www.kenyalawreports.or.ke summons in chambers of May 5, 1983, be restored to the lists and heard by a different judge.
The respondent is a limited liability company and the appellant, a body corporate established under the Kenya Railways Corporation Act (Cap 397). The respondent’s claim was that it’s Mombasa clearing and forwarding agent delivered 30 cases of float glass on December 4, 1981, to the appellant to transport from Kilindini to Nairobi and paid it Shs 5,726 to do so. The appellant undertook the carriage of these goods, upon the terms contained in its owner’s risk Consignment Note 013541. The appellant delivered 21 cases in the same good order and condition as they were in when railed, but 9 were damaged, so that 108 pieces of this glass were damaged, for which the respondent claimed Shs 11…