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Small Enterprises Finance Company Ltd v. Thomas Adongo Onuko t/a Kisumu Expert Tailoring House

(2014) JELR 93886 (CA)

Court of Appeal  •  Civil Appeal 280 of 2008  •  21 Feb 2014  •  Kenya

Coram
Wanjiru Karanja, Festus Azangalala, Sankale ole Kantai

Judgement

JUDGEMENT OF THE COURT

In the amended plaint filed on 5th June, 1996 at the High Court of Kenya, Kisumu, the respondent Thomas Adongo Onuko trading as Expert Tailoring House (“the plaintiff”) sued the appellant Small Enterprises Finance Company Limited (“the defendant”) for alleged breach of contract. It was alleged that the plaintiff borrowed from the defendant a sum of Kshs. 80,500/= payable by agreed monthly installments on security of the plaintiffs chattels and that the defendant seized the said chattels because there was default in meeting some of the installments.

It was further alleged that upon seizure of the said chattels the plaintiff met the unpaid arrears but that the defendant did not return the said chattels and this led to the plaintiff suffering loss of income or profit. For this the plaintiff prayed for judgement for alleged breach of contract; a declaration that the attachment was unlawful; a prayer for return of the seized chattels or their market value; damages for …

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