SECURICOR SECURITY SERVICES KENYA LIMITED
V.
CONSOLIDATED BANK OF KENYA LIMITED

JUDGMENT OF THE COURT

This is an appeal arising from the Judgment of the High Court (G.K.Kimondo, J.) dated the 4^th day of July, 2013.

The background to the appeal is that, the respondent and the appellant entered into a standard form contract entitled "Temporary works order" dated the 23^rd day of December, 2002, pursuant to which the appellant contracted to convey Kshs.18,530,000 in a portable container from the respondents' Maua Branch, Meru County, to its Koinange street branch, Nairobi. The container was lost enroute to Nairobi, prompting the litigation resulting in this appeal. The respondent sued the appellant on 19^th September, 2003, seeking damages for the loss of the consignment, alleging breach of contract and negligence on the part of the appellant as particularized in the plaint.

In its defence dated the 25^th day of October, 2003, the appellant admitted executing the "Temporary works order", contract with the respondent, but denied any liability for the loss. It was also aver…