JUDGMENT
Briefly the facts relating to this claim which was dismissed by the High Court after a trial and which dismissal is the subject matter of this appeal, are that the 23 years old deceased Peter Mathenge Kahiga was on or about 30th July, 1985, a passenger for reward on the respondent’s (defendant’s) aircraft Iberia Airlines flight No IB 970 from Montreal in Canada which arrived in Madrid in Spain on 31.7.85 where he stayed up to 2nd August, 1985.
According to the 1st appellant (the 1st plaintiff and father of the deceased) the deceased had informed him by the phone from Canada of his expected arrival from Canada in Nairobi on 3rd August, 1985, by the Airlines flight Number IB 913 Y. This flight arrived at Nairobi JK International Airport on the night of 3 - 4 August, 1985, at about 12.30 am. The deceased was not in the flight although his name was in the passenger’s list (Ex 13). By next day two items of his baggage (Ex 2 and Ex 3) also had been traced having arrived by the said f…