[1986] KECA 56 (KLR)
The court found that the defendant, as agent, failed to provide a credible and complete account of the proceeds from the sale of the plaintiff's goods. The court accepted the defendant's stated sale price of Kshs 210,000 for the televisions and added Kshs 40,000 for the value of the videos and projector, totaling...
Source-derived case information.
- Citation
- [1986] KECA 56 (KLR)
- Parties
- Plaintiff: Samson B Nyabwari t/a Nyabwari & Sons; Defendant: Nyarangi Nchogu
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Case 1090 of 1983
- Procedural Posture
- Civil Case / Judgment
- Outcome
- judgment for the plaintiff
- Judges
- JF Shields
- Legal Topics
- Agency Relationships, Accounting for Proceeds, Commission Entitlement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samson B Nyabwari t/a Nyabwari & Sons
Plaintiff
Nyarangi Nchogu
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the defendant, as agent, properly accounted to the plaintiff for the proceeds of sale of consigned goods.
- 2 Whether the defendant is entitled to deduct costs and commission from the proceeds before accounting to the plaintiff.
- 3 What sum, if any, is due to the plaintiff from the defendant.
Ratio Decidendi
The court found that the defendant, as agent, failed to provide a credible and complete account of the proceeds from the sale of the plaintiff's goods. The court accepted the defendant's stated sale price of Kshs 210,000 for the televisions and added Kshs 40,000 for the value of the videos and projector, totaling Kshs 250,000. After deducting proven expenses (freight, handling, storage, customs, and sales tax) amounting to Kshs 53,374.40, and the original cost of goods (Kshs 78,074.85), the net profit was Kshs 118,550.75. The defendant was allowed a 10% commission (Kshs 11,855), leaving a balance of Kshs 106,695 due to the plaintiff. The court held that the defendant was liable to account...
Court Disposition
judgment for the plaintiff
Orders
- Plaintiff awarded Kshs 106,695 with interest at court rates from October 1, 1981.
- Plaintiff awarded costs of the suit.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
COURT OF APPEAL AT NAIROBI
CIVIL CASE 1090 OF 1983
SAMSON B NYABWARI t/a
NYABWARI & SONS………………………………………………….………PLAINTIFF
versus
NYARANGI NCHOGU………….……………………… …………………. DEFENDANT
JUDGMENT
The plaintiff consigned 15 colour television sets, 1 projector and 2 video sets from Denmark to Kenya. The defendant collected and sold them as the plaintiff agent. As such agent he was under a duty to account to the plaintiff as to his stewardship The only account he has given was in a letter of October 8, 1981. In this letter he says he sold the TV sets for Kshs 210,000 but it cost him Kshs 218,613. 80 to pay for air, freight, customs & sales tax and clearing.
The plaintiff disputes the alleged costs. I have heard both the plaintiff and the defendant. The defendant is plainly a liar whose lies were not made any more convincing by his smiles. In the absence of any evidence by the plaintiff as to how much the TV were sold for I must accept the defendants figure of Kshs 210,000. I shall add to this Kshs 40,000 as the value of the videos and the projector making in all a sum of Kshs 250,000.
As against this sum I accept that the defendant paid freight charges of Kshs 18,615. 40. Handling and storage charge of Kshs 12,808 and customs & sales tax Kshs 22,451 making in all a sum of Kshs 53,374. 40. Accordingly the defendant should have accounted to the plaintiff for the sum of Kshs 196,625. 60. The goods costs the plaintiff Kshs 78,074. 85 subtracting this sum for the sum the defendant should have accounted for, there is a sum of Kshs 118,550. 75 net profits. I would allow the defendant Kshs 11,855 commission at 10%.
I accordingly give the plaintiff judgment for Kshs 106,695 with interest thereon at court rates from October 1, 1981 as being the date when the said sum should have been paid to plaintiff.
The plaintiff is entitled to his costs.
Delivered at Nairobi this 6th day of Novemebr, 1986.
J G SHIELDS
JUDGE