KQ wins $17,000 suit
Sep 01, 2006
THE Court of Appeal has exonerated Kenya Airways (KQ) from paying over $17,000 (over sh31m) as compensation for goods allegedly lost on its flight.
By Hilary Nsambu
THE Court of Appeal has exonerated Kenya Airways (KQ) from paying over $17,000 (over sh31m) as compensation for goods allegedly lost on its flight.
In a unanimous judgment delivered on Tuesday in Kampala, the court overturned a High Court ruling which had ordered Kenya Airways to pay $17,693 in compensation to Ronald Katumba, a city businessman, for his goods.
The appellate court, therefore, set aside the award of $17,963 and substituted it with $1,120 (sh2m) as compensation that is stipulated under the Warsaw Convention.
However, the court ordered Katumba to pay costs of the suit to Kenya Airways in the Court of Appeal and in the High Court.
The court agreed with Sim Katende, the lawyer, who represented Kenya Airways that Katumba did not deserve the award since he had failed to declare any special value for his alleged lost goods nor did he pay any money above that indicated on the air ticket.
The court further agreed with Katende that the law could not protect Katumba under the Illiterate Protection Act, as he had claimed, when he testified in court that he was a frequent flyer with Kenya Airways.
“Once he was handed the ticket and accepted it, he was bound by it,†the court ruled.
“KQ made the offer by tendering the ticket to the complainant (Katumba), which he duly accepted fully, thus undertaking to be bound by its terms. The contractual terms on tickets have always been held to be sufficient notice to the holders handling them without objection,†the court ruled.
THE Court of Appeal has exonerated Kenya Airways (KQ) from paying over $17,000 (over sh31m) as compensation for goods allegedly lost on its flight.
In a unanimous judgment delivered on Tuesday in Kampala, the court overturned a High Court ruling which had ordered Kenya Airways to pay $17,693 in compensation to Ronald Katumba, a city businessman, for his goods.
The appellate court, therefore, set aside the award of $17,963 and substituted it with $1,120 (sh2m) as compensation that is stipulated under the Warsaw Convention.
However, the court ordered Katumba to pay costs of the suit to Kenya Airways in the Court of Appeal and in the High Court.
The court agreed with Sim Katende, the lawyer, who represented Kenya Airways that Katumba did not deserve the award since he had failed to declare any special value for his alleged lost goods nor did he pay any money above that indicated on the air ticket.
The court further agreed with Katende that the law could not protect Katumba under the Illiterate Protection Act, as he had claimed, when he testified in court that he was a frequent flyer with Kenya Airways.
“Once he was handed the ticket and accepted it, he was bound by it,†the court ruled.
“KQ made the offer by tendering the ticket to the complainant (Katumba), which he duly accepted fully, thus undertaking to be bound by its terms. The contractual terms on tickets have always been held to be sufficient notice to the holders handling them without objection,†the court ruled.