Highways Ltd V Savannah Travel & Tours Ltd [1977] EKLR | ||
Civil Case 9 of 1975 | 27 Oct 1977 |
Dermot Joseph Sheridan
High Court at Mombasa
Highways Ltd v Savannah Travel & Tours Ltd
Highways Ltd v Savannah Travel & Tours Ltd [1977] eKLR
Highways Ltd v Savannah Travel & Tours Ltd
High Court, Mombasa 27th October 1977
Sheridan J
Bailment - sub-bailment - responsibility for bailed goods - bailee hiring car to sub-bailee - loss of car - bailors’s claim against original bailee.
The defendant, a car hire company, hired a car from another car hire company, the plaintiff to hire to O. Subsequently, O disappeared and the car was not recovered. The plaintiff sued the defendant for the value of the car, arrears of payment of the hire charges and damages for wrongful detention.
Held:
That by sub hiring the car to O the defendant had made O its agent and it was liable for his tortuous conversion of the car; moreover, the defendant did not absolve itself from its liability to the plaintiff to take reasonable care of the car by delegating that duty to O.
Dictum of Sachs L J in British Road Services Ltd v Arthur V Crutchley & Co Ltd (Factory Guards Ltd, third parties) [1968] 1 All ER 811, 824, applied.
Cases referred to in judgment:
British Road Services Ltd v Arthur V Crutchley & Co Ltd (Factory Guards Ltd, third parties) [1968] All ER 811, [1968] 1 Lloyd’s Rep 271, CA.
Estate Services Ltd v Naumann Gepp (East Africa) Ltd (unreported), Civil Case No 317 of 1975 (Mombasa), Simpson J.
Action
Highways Ltd sued Savannah Travel & Tours Ltd (Civil Case No 9 of 1975 (Mombasa )) for the delivery up of a car, or its value, arrears of hire payments and damages for wrongful detention. The defendant instituted third party-proceedings against Bruce Travel Ltd. The facts are set out in the judgment.
KM Pandya for the Plaintiff.
AD Suchak for the Defendant.
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