BERNARD MACHEA NGICHURU v ATTORNEY GENERAL [2008] KEHC 2369 (KLR)
- Court
- High Court of Kenya
- Case number
- 2369
- Citation
- [2008] KEHC 2369 (KLR)
- Decided
- 20 June 2008
The court finds that the Plaintiff's motor vehicle was unlawfully and illegally sold by the police. The court awards the Plaintiff special damages of KShs. 40,000/00 for the value of the vehicle.
Facts
The Plaintiff's motor vehicle registration No. KJK 213 was reported stolen in December 1987. The vehicle was recovered and sold by the police as unclaimed property. The Plaintiff claimed damages for the loss of the vehicle and its income.
Issues
- Was the Plaintiff's motor vehicle unlawfully sold by the police?
- What is the value of the vehicle and the loss of income?
Reasoning
The court accepts the Plaintiff's testimony that his vehicle was involved in a fatal accident and was in the police's possession. The court does not accept the Plaintiff's claim for loss of income as he failed to mitigate his loss.
Outcome
The Plaintiff is awarded KShs. 40,000/00 in special damages, with interest from the date of filing suit until payment in full. The Plaintiff is also awarded costs of the suit.
Orders
- The Plaintiff is awarded KShs. 40,000/00 in special damages.
- Interest at court rates on the special damages from the date of filing suit until payment in full.
- The Plaintiff is awarded costs of the suit.
Remedies
- Damages of KShs. 40,000/00 for the value of the vehicle.
- Interest on the damages from the date of filing suit until payment in full.
- Costs of the suit.
Loading judgment…