RAJENDERA SINGH GOHIL v COMMISSIONER OF CUSTOMS & EXCISE & ANOTHER [2007] KEHC 3656 (KLR)

Facts

The plaintiff, Dr. Rajendra Singh Gohil, claimed compensation for the illegal seizure and sale of a motor vehicle and personal effects imported into Kenya. The plaintiff alleged that the seizure notice was illegal and that the procedure for dealing with the items subject to the seizure was not followed. The defendants, the Commissioner of Customs & Excise and F.A. Abdalla, argued that the plaintiff was not the proprietor of the motor vehicle and that the importation was illegal.

Issues

1. Was the seizure notice illegal?
2. Was the procedure for dealing with the items subject to the seizure followed?
3. Was the plaintiff entitled to a waiver of duty?
4. Was the plaintiff entitled to compensation for the loss of the motor vehicle and personal effects?

Reasoning

The court found that the plaintiff was not the proprietor of the motor vehicle and that the importation was illegal. The court also found that the plaintiff failed to prove his case on a balance of probabilities.

Outcome

Dismissed with costs

Authorities cited