JUDGMENT
The appellant appeals against the judgment of the High Court whereby the appellant, as plaintiff in the suit, was held to have failed to establish the claim against the defendant now respondent. It will be convenient to refer to the parties as they are in this appeal, since the appellant is still seeking to establish his claim. The appellant is a shipowner, in whose ship the M v. Pantera, a consignment of gift what was sent to the Government of Kenya, to be received by the Kenya Wheat Board represented by the Kenya Farmers Association in Mombasa. The appellant claimed demurrage, ultimately for one day the 16th January, 1978, during which it is said that the respondent failed to arrange to receive the wheat.
The respondent, in their amended defence, protested that there was no delay at all, but that assuming without admitting that there was a delay, that would have been caused by the scarcity of railway wagons over the availability of which the respondent had no control.
The resp…