SERRACO LIMITED V. ATTORNEY GENERAL

JUDGMENT OF THE COURT

The appellant, Serraco Ltd is aggrieved by the judgment and decree of the High Court (Ougo, J.) dated 24th January 2014 in which the learned judge dismissed its suit with costs. In the suit the appellant prayed against the respondent, the Attorney General, on behalf of the former Commissioner of Police, for delivery or return to it of 174,600 gunny bags or payment in lieu thereof of Kshs 20,079,000/-, being their value, and interest. At the conclusion of the hearing the appellant applied to amend the plaint to include a prayer for costs, which the learned judge indicated she would have granted but it was really of no moment because the court found the entire claim lacking in merit and dismissed the same.

The above prayers were based on the appellant’s averments, in a plaint dated 7th May 2007, that in April 1999 it imported into Kenya 210,000 pieces of gunny bags, which upon arrival at the port of Mombasa were promptly stolen. Subsequently in the same month after t…