Kenya Case Law

Image Apparels Limited & another v Freight in Time Limited & 3 others

Image Apparels Limited & another v Freight in Time Limited & 3 others (Civil Case 807 of 2007) [2026] KEHC 7408 (KLR) (Civ) (12 May 2026) (Judgment)

Court

High Court

Case number

Civil Case 807 of 2007

Judge

["SN Mutuku"]

The Plaintiffs proved that the attachment and subsequent retention of their goods was unlawful and that the 2nd Defendant acted under the instructions of the 1st and 4th Defendants; the Defendants failed to account for the attached goods or comply promptly with court orders. However, only the rent expenses and storage charges were specifically pleaded and strictly proved as special damages. General damages and modest punitive/exemplary damages were also warranted for unlawful attachment and oppressive conduct.

Source excerpt

• Unlawful attachment
• Special damages
• General damages
• Exemplary damages
• Burden of proof
• Auctioneer liability

Oyange v Nyaboke t/a Lister Auctioneers & another

Oyange v Nyaboke t/a Lister Auctioneers & another (Civil Appeal E202 of 2025) [2026] KEHC 5543 (KLR) (30 April 2026) (Judgment)

Court

High Court

Case number

Civil Appeal E202 of 2025

The High Court allowed an appeal from the Small Claims Court, holding that an auctioneer failed to exercise due diligence before sale of a vehicle later repossessed by the true owner.

• Auctioneer liability
• Refund of purchase price
• Due diligence
• Appeals from small claims court
• Auctioneer-liability
• Due-diligence