JUDGMENT OF THE COURT
 This is an appeal from the Judgment of the High Court (Anyara Emukule, J.) delivered on 15th July 2005. The proceedings in the High Court were initiated through a plaint dated 17th October 2001 by Satwant Singh Dhanjal, Ashwinder Singh Dhanjal, and Harjot Singh Dhanjal T/A Paramount Hauliers who are now the appellants, in which the appellants sought damages against Kenya Revenue Authority (now respondent).
 The events leading to the suit started on 2nd March 2001 when the respondent through its Customs and Excise Department published a notice in the Kenya Gazette advertising various goods for sale through public auction. Amongst the goods advertised were a 40ft container that had 10 pieces of Ro-Ro machines and a 20ft container that had 28 pieces of Ro-Ro machines. The appellants through their agent Mr. Bipin Rathod attended the auction and successfully bid for these two containers at Kshs.7,120,000/=. The appellants duly paid the requi…