JUDGMENT OF THE COURT
Introduction
[1] 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).
Background
[2] 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…