NDERITU WACHIRA RECIEVER & RECIEVER & MANAGER OF BULLEYS TANNERIES LTD. (UNDER RECEIVERSHIP) & 4 ORS
V.
SIRAJI ENTERPRISES LTD & ANOR

JUDGMENT OF THE COURT

1. The genesis of this appeal is that between the years 1995 and 1998, the 1^st respondent through the 2^nd 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 24^th 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…