Description

Civil Litigation

1. Rosemary Oldish Netondo travelled to Eldoret by air using Rapid Airways Ltd. She paid for, and received her air travel ticket at the airline’s officers on Conspicuous Emporium, Sixth Floor along Restoration Avenue, Nairobi. The airline was also to carry Netondo’s brief-case containing her wearing apparel, rare reading materials, and share-holder certificates. The airline received and took charge of the said brief-case and placed it in their luggage chamber of the aircraft in which Netondo was about to travel, for the purpose of its being carried to Eldoret on the travel day, June 8, 2014. Netondo travelled by the said aircraft to Eldoret, but her brief-case did not arrive, apparently Rapid Airways Ltd had not carried it to Eldoret, nor delivered it to her on her arrival there, or at all. It seems that the airline has either lost or retained the said brief-case, thereby depriving the lady of her brief-case and all its contents. She has gone through and suffered tremendous inconvenience, and has incurred expense in endeavoring to recover possession of her brief-case, without success. On returning to Nairobi, Netondo has come to your firm of Advocates which practises at Hefty People’s Plaza, Second Floor, Famous Street, Nairobi, and instructed you to file a civil suit for the lost luggage.
   • Draft a plaint with appropriate claims.

(13 Marks)

• Other than necessary fees, explain to Netondo what you will require at the time of filing the plaint in Court Registry to commence the suit.

(2 Marks)