Types/Forms of
Trespass under Kenya laws
1.
Taking a chattel out of the possession of another
2.
Moving a chattel
3.
Contact with a chattel
4.
Directing a missile to a chattel
Rules/Requirements
of the Tort
1.
The trespass must be direct
2.
The plaintiff must be in possession of the chattel at
the time of interference
3.
The tort is actionable per se
4.
The principal remedy is a monetary award in damages
The defenses available to this tort under Kenya law include:-
1.
Plaintiff’s consent
2.
Necessity
3.
Mistake
CONVERSION
This is defined under Kenya laws as the intentional dealing with goods which is
seriously inconsistent to possession or right to possession of another person.
This tort protects a person’s interest in dominion or control of goods.
The plaintiff must have possession or the right to
immediate possession. However, a bailee of goods can sue 3rd parties
in conversion so can a licensee or a holder of a lien or a finder. Any good or
chattel can be the subject matter of conversion. There must be physical contact
resulting in interference with the goods.
ACTS OF CONVERSION UNDER KENYA LAW
i.
Taking goods or disposing; it has been observed that to
take a chattel out by another’s possession is to convert it or seize goods
under a legal process without justification is conversion.
ii.
Destroy or altering
iii.
Using a person’s goods without consent is to convert
them
iv.
Receiving: the voluntary receipt of another’s goods
without consent is conversion.
However,
receiving of another’s goods in certain circumstances is not actionable for
example goods received;-
i.
In a market overt; the purchaser acquires a good title
ii.
Estoppel; if the true owner of the goods is by his
conduct denying the sellers the right to sell, the buyer acquires a good title
to the goods
iii.
Goods received from a factor or a mercantile agent
iv.
A negotiable instrument received in good faith
v.
Goods received from a person who has a voidable title
before the title is avoided
vi.
Dispositon without delivery - a person who sells
another goods without authority but without delivering them to the buyer
converts them
vii.
Disposition and delivery - A person who sells another’s
goods without authority and delivers the same to the buyer is guilty of
conversion
viii.
Mis-delivery of goods a carrier or a warehouse man who
delivers the goods to the wrong person by mistake is guilty of conversion
ix.
Refusal to surrender another’s goods on demand
The principal remedy available is a monetary award in
damages and the plaintiff is entitled to the value of the goods he has been deprived.
The value s determined as per the date of conversion.
If the plaintiff suffers a pecuniary loss as per the
result of the conversion he is entitled to special damages.