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Kenya decisions
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Benard Kipyegon Langat v State [2017] KEHC 7757 (KLR)
The High Court dismissed an application for restitution of a mobile phone and KSh 3,000, holding that ownership was disputed and should be resolved in a civil court.
PIL KENYA LIMITED v JOSEPH OPPONG [2009] KECA 443 (KLR)
The Court of Appeal held that the appellant, PIL Kenya Limited, was not in privity of contract with the respondent, Joseph Oppong, and acted reasonably in withholding delivery of the container in light of conflicting claims and court orders from both Kenya and Uganda. The respondent was the author of the confusion by amending the bill of lading and creating multiple claimants. The appellant's duty as bailee was to deliver the goods to the rightful consignee, but in the face of legal uncertainty and pending litigation, it was justified in seeking court direction. The special damages claimed by…
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