JUDGMENT OF THE COURT
This is an appeal from the judgment of the High Court of Kenya at Nairobi (Lady Justice H. M. Okwengu) dated 30th March 2011. The learned Judge entered judgment against Niels Bruel, (hereinafter referred to as the appellant), in favour of Moses Wachira, (hereinafter referred to as the respondent) for US$ 110,000, together with interest and costs in a claim for damages for breach of contract. There were two other defendants in the suit, Helmuth Rame and Air Traffic Ltd, but they are not parties in this appeal.
The respondent’s claim against the appellant and the other defendants arose from agreements made between the parties for the sale of two aircrafts, and a parallel agreement entered into between the respondent, Helmuth Rame and Air Traffic Ltd, for the repair of one of the aircrafts. The agreement of sale related to a twin engine King Air C90, LJ 528 aircraft registration No. 57N BB (the 1st aircraft), and a twin engine King Air 200, BB-211 aircraft registratio…