SUM MODEL INDUSTRIES LTD V. INDUSTRIAL & COMMERCIAL DEVELOPMENT CORPORATION & ATTORNEY GENERA

RULING OF THE COURT

On 10^th July 2007, the respondent in this appeal, Sum Model Industries Ltd, filed a notice of motion, in which, he, in effect, seeks a review of the judgment this Court delivered on 8^th June, 2007, in which damages of Kshs.8,515,060/= awarded to him by the superior court in its Civil Case No. 3389 of 1994, was reduced to Kshs.2,235,138.90.

The applicant’s case in the superior court was that the respondent lent it money to establish a bakery. He bought machinery for that purpose but defaulted in loan repayment. The respondent, without any prior notice to it forcefully gained entry into the bakery, seized the machinery and later sold the machinery by public auction. As at the date of sale Kshs. 3,499,831/10 was due and owing to the respondent. The sale realized Kshs.3.59 million which the applicant considered as an under sale. The applicant’s claim was for the value of certain properties which were either damaged in the course of the seizure or were unaccounted for. It…