[1992] KEHC 144 (KLR)

[1992] KEHC 144 (KLR)

The court found, on a balance of probabilities, that the plaintiff was the true owner of Garissa Commercial College, as evidenced by the certificates of registration under the Education Act and the Registration of Business Names Act, and by the correspondence and conduct of the parties. The defendants, lacking the necessary qualifications, could not lawfully operate the college and had acknowledged a reporting role to the plaintiff. The defendants converted the college and its assets to their own use without the plaintiff's consent. However, the court determined that the business was a dead loss and that no profits were made, rendering an account unnecessary. The plaintiff was entitled to...

Citation
[1992] KEHC 144 (KLR)
Parties
Plaintiff: Joseph Otieno Madanyi; Defendant: Philemon R Onyango; Defendant: Patrick C Ahenda; Defendant: Apollo R Aluoch
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
6 October 1992
Case Number
Civil Case 1103 of 1982
Procedural Posture
Civil Case / Judgment
Outcome
Judgment for the plaintiff in part.
Legal Topics
Ownership of Business, Conversion of Property, Breach of Agreement, Damages Assessment, Registration of Business Names
Source Language
English
Commercial and Corporate Civil Procedure Ownership of Business Conversion of Property Breach of Agreement Damages Assessment Registration of Business Names

Case Brief

Summary, issues, holding and outcome

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Parties

Joseph Otieno Madanyi

Plaintiff

Philemon R Onyango

Defendant

Patrick C Ahenda

Defendant

Apollo R Aluoch

Defendant

Procedural Posture

Civil Case / Judgment

Legal Issues

  1. 1 Whether the plaintiff is the lawful proprietor and manager of Garissa Commercial College.
  2. 2 Whether the defendants converted the assets of the college to their own use.
  3. 3 Whether the plaintiff is entitled to special and general damages for conversion and/or fraud.

Ratio Decidendi

The court found, on a balance of probabilities, that the plaintiff was the true owner of Garissa Commercial College, as evidenced by the certificates of registration under the Education Act and the Registration of Business Names Act, and by the correspondence and conduct of the parties. The defendants, lacking the necessary qualifications, could not lawfully operate the college and had acknowledged a reporting role to the plaintiff. The defendants converted the college and its assets to their own use without the plaintiff's consent. However, the court determined that the business was a dead loss and that no profits were made, rendering an account unnecessary. The plaintiff was entitled to...

Court Disposition

Judgment for the plaintiff in part.

Orders

  • Declaration that the plaintiff is the lawful proprietor and manager of Garissa Commercial College.
  • Defendants to surrender all documents relating to Garissa Commercial College to the plaintiff.