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Nderitu Wachira Reciever & Reciever & Manager of Bulleys Tanneries Ltd. (Under Receivership) ,Bulleys Trading (1988) Co. Ltd, Dancan Nderitu Ndegwa , James Njenga Karume & Judith Wanjiku Kibaki v. Siraji Enterprises Ltd & Hussein A. Awale

(2016) JELR 98505 (CA)

Court of Appeal  •  Civil Appeal 17 of 2007  •  8 Jul 2016  •  Kenya

Martha Karambu Koome, George Benedict Maina Kariuki, Fatuma sichale



1. The genesis of this appeal is that between the years 1995 and 1998, the 1st respondent through the 2nd respondent acting as its agent delivered a consignment of skins for tanning to Bulleys Tanneries Ltd. (hereinafter referred to as “the company”). According to the respondents, despite paying for the tanning services, the company refused to release the tanned skins which were then valued at Kshs. 44,051,954/= and instead threatened to sell the same. Consequently, the respondents filed suit in the High Court on 24th November, 1999 being H.C.C.C No. 1721 of 1999 against the company claiming inter alia release of the tanned skins and/or in the alternative payment of the market value of the tanned skins. In its statement of defence, the company averred that it had released the tanned skins which the respondents had refused to pay for and counter-claimed for the outstanding amount.

2. Thereafter, in the year 2004, the company was placed under receivership and pursuan…

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