[1989] KEHC 111 (KLR)

[1989] KEHC 111 (KLR)

The court held that the plaintiff's claim, originally framed in detinue, became one for conversion after the coffee was released to the Government of Tanzania. The appropriate measure of damages in conversion is the market value of the goods at the time and place of conversion. The plaintiff's reliance on a resale agreement to claim higher damages was rejected because the agreement was tainted with illegality under the Coffee Act and could not be used as a measure of value or as a basis for loss of profits. The only admissible evidence of value was the auction price of KES 21,300, which the court accepted as the fair market value. Claims for special damages, including vehicle hire and...

Citation
[1989] KEHC 111 (KLR)
Parties
Plaintiff: Ali Mohamed; Defendant: Attorney General
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
2 March 1989
Case Number
Civil Case 463 of 1987
Procedural Posture
Civil Case / Assessment of Damages After Judgment on Liability
Outcome
Judgment for the plaintiff for KES 21,300 with interest and costs.
Legal Topics
Conversion of Goods, Detinue, Assessment of Damages, Market Value of Goods
Source Language
English
Tort Law Civil Procedure Conversion of Goods Detinue Assessment of Damages Market Value of Goods

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Ali Mohamed

Plaintiff

Attorney General

Defendant

Procedural Posture

Civil Case / Assessment of Damages After Judgment on Liability

Legal Issues

  1. 1 Whether the plaintiff is entitled to damages for the defendant's refusal to release coffee purchased at a public auction.
  2. 2 What is the appropriate measure of damages for conversion of goods in these circumstances.
  3. 3 Whether the plaintiff can recover loss of profits or special damages based on a resale agreement tainted with illegality.

Ratio Decidendi

The court held that the plaintiff's claim, originally framed in detinue, became one for conversion after the coffee was released to the Government of Tanzania. The appropriate measure of damages in conversion is the market value of the goods at the time and place of conversion. The plaintiff's reliance on a resale agreement to claim higher damages was rejected because the agreement was tainted with illegality under the Coffee Act and could not be used as a measure of value or as a basis for loss of profits. The only admissible evidence of value was the auction price of KES 21,300, which the court accepted as the fair market value. Claims for special damages, including vehicle hire and...

Court Disposition

Judgment for the plaintiff for KES 21,300 with interest and costs.

Orders

  • Judgment entered for the plaintiff for KES 21,300 as general damages for conversion.
  • Interest on the judgment sum at court rates.