THE REPUBLIC OF UGANDA
IN THE SUPREME COURT OF UGANDA
(CORAM: ODOKI, CJ, TSEKOOKO, KANYEIHAMBA, KATUREEBE, AND OKELLO, JJ.SC).
CIVIL APPEAL NO. 09 OF 2008
KATUMBA RONALD ============= APPELLANT
KENYA AIRWAYS LIMITED ====== RESPONDENT
(Appeal from the Judgment and Decree of the Court of Appeal at Kampala before L.E.M Mukasa-Kikonyogo, DCJ, A.E.N Mpagi-Bahigeine and S.B..K Kavuma, JJ.A, dated 29th day of August 2006 in Civil Appeal No. 43 of 2005).
JUDGMENT OF KATUREEBE, JSC-
This is an appeal arising from the decision of the Court of Appeal whereby that court allowed the appeal by the respondent after the High Court (Okumu-Wengi, J) had given judgment in favour of the appellant. The appellant was dissatisfied, hence this appeal.
The facts of the case are not in dispute. The appellant, who was a frequent flier, purchased a return air ticket from Entebbe to Dubai. On his return flight in Dubai he checked in luggage weighing 56 kg and was issued with a baggage tag. On arrival at Entebbe, the