[1998] KEHC 107 (KLR)
The court found that the respondent unlawfully seized and detained the applicant's tractor, resulting in its deterioration and loss of use. Although the applicant did not provide full documentary evidence for all claimed losses, the court accepted the plausibility of the claims and exercised judicial discretion to...
Source-derived case information.
- Citation
- [1998] KEHC 107 (KLR)
- Parties
- Applicant: Munge; Respondent: Agricultural Finance Corporation Ltd
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 4505 of 1992
- Procedural Posture
- Civil Case / Judgment
- Outcome
- judgment for the applicant
- Legal Topics
- Unlawful Detention of Property, Damages Assessment, Loss of Use, Special Damages
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Munge
Applicant
Agricultural Finance Corporation Ltd
Respondent
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the respondent unlawfully seized and detained the applicant's tractor.
- 2 Whether the applicant is entitled to compensation for loss of use and depreciation of the tractor.
- 3 What is the appropriate quantum of damages to be awarded to the applicant.
Ratio Decidendi
The court found that the respondent unlawfully seized and detained the applicant's tractor, resulting in its deterioration and loss of use. Although the applicant did not provide full documentary evidence for all claimed losses, the court accepted the plausibility of the claims and exercised judicial discretion to reduce the amounts to reasonable figures. The court awarded damages for loss of use (ploughing and maize shelling) and for the fall in value of the tractor, totaling Kshs 228,750, plus costs and interest.
Court Disposition
judgment for the applicant
Orders
- The respondent shall pay the applicant Kshs 228,750 as damages for unlawful seizure and detention of the tractor.
- The respondent shall pay costs of the suit to the applicant.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS)
CIVIL CASE 4505 OF 1992
MUNGE………………......………...………...………........................….APPLICANT
VERSUS
AGRICULTURAL FINANCE CORPORATION LTD…………..RESPONDENT
JUDGMENT
July 10, 1998,Keiwua J delivered the following Judgment.
The defendant is sued for unlawful seizure and detention of the plaintiff’s tractor registration No. KDZ 866 which was later released to the plaintiff in May 1990. It is contended, and in the absence of evidence to the contrary and I believe to be so, that the tractor was stored in an open yard under which the same suffered the vagaries of the weather for 15 months. It was accordingly released in a dilapidated state and was of no use to the plaintiff any longer.
In view of all that compensation is sought from the defendant in which particularshave been set out as follows:-
(a) Ploughing 8 acres a day X Kshs 390 per acre= 3120 per day.
As the applicant did not lead any corroborative evidence to show the performance in a day of the machine and the prevailing rates per acre I reduce these daily earnings to Kshs 2,000/= to take care of any possible exaggerations by the plaintiff. In a month Kshs 2000 x 20 days instead of the plaintiff’s 24 days = 40,000. This comes to Kshs 40,000/= X 3 (months) to take care of the possible in the trade of agriculture where not every day is a working day for various reasons. That results in the sum of Kshs 120,000/= for that head.
(b) Shelling maize about 100 bags ( a day) for Kshs 6/= a bag shelled X 2 months.
The plaintiff of course has no records what so ever to show and substantiate any of these statements. I shall do the best I can and accept that he shelled 50 (bags of maize a day ) at Kshs 3/= (per bag shelled) for 1 month ( of 25 days). This gives 50x 3 = 150 X 25 = 3,750/=.
(c) Fall in value of tractor is said to be the difference between the price it was sold and the value when it was seized which fall in the price is Kshs 105,000/-. I shall award this special damage. In all:
(a) Kshs. 120,000 plus
(b) Kshs. 3,750
(c) Kshs. 105,000
Kshs. 228,750/= on all heads plus costs and interest as prayed in the plaint.
July 10, 1998
Keiwua, J