City lawyer awarded Ksh.114,616 after dry cleaner damaged his suit
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A city lawyer has been awarded Ksh.114,616 after the Milimani Small Claims Court found that his three-piece suit was damaged while in the hands of a dry-cleaning company.
Emmanuel Mumia had sued Lorenzo Dry Cleaners Limited after
discovering what he described as dark patches and loose threads on his navy
three-piece suit.
Mumia had sought £1,064.95, which he pleaded was equivalent to
Ksh.183,826.66, arguing that this was the value of the suit.
In his judgment, Magistrate J.M. Kiliku found that Mumia
had proved his case on a balance of probabilities.
The suit was taken to Lorenzo Dry Cleaners on March 16, 2026,
and was returned to Mumia's home on March 23.
When the company received the garments, its intake record only
noted “ordinary dirt and lint” and did not mention any discoloration or damage.
Mumia said he later noticed three dark patches on the jacket
and loose threads on the right sleeve.
He told the court that he had not worn the suit after it was
returned and that the dry-cleaning tags were still attached when he discovered
the damage.
The complaint was made on June 26, about three months after
the suit had been returned.
Despite the delay, the court was persuaded by what happened
after the complaint was made. Mumia's wife reported the problem to the company
through WhatsApp. The company apologized, collected the jacket and said it was
“trying to work on it” before eventually declining to compensate him.
The judge said the company's reaction was relevant evidence,
although it did not by itself amount to an admission that the company was
responsible for the damage.
The court also noted that Lorenzo Dry Cleaners did not provide
technical evidence showing that the discoloration was caused by a defect in the
fabric or that it happened after the suit had left its custody.
After considering all the circumstances, the court found it more
likely than not that the damage occurred while the suit was in the dry
cleaner's custody.
The company had also argued that its terms and conditions
required customers to report complaints within 24 hours of delivery.
The court accepted that the terms formed part of the agreement
between the parties, saying they had been sent to the customer at the time of
the transaction.
The judge found that the clause dealing with discoloration
only protected the company where the damage was caused by the fabric's
properties or a hidden defect.
Since the company had not proved either of those explanations,
it could not rely on the clause to escape liability.
The court also found that the 24-hour reporting requirement
did not, by itself, determine when the damage occurred. It therefore did not
relieve the company of responsibility after the court had found that the damage
occurred while the suit was in its custody.
On the amount of compensation, however, Mumia did not get
everything he had asked for.
He had produced a Moss Bros receipt showing a total of
£1,064.95 for several garments and a suit carrier.
The court examined the receipt alongside photographs of the
damaged suit and found that only the striped jacket, waistcoat and trousers
could be linked to the suit in question. Their combined value was £659.
The court also considered the £5 suit carrier attributable to
the suit, but ultimately entered judgment for £659, equivalent to Ksh.114,616.36,
as stated in the final orders.
The court found that Mumia had not proved the value of the
other items listed on the receipt and therefore declined to award the full Ksh.183,826.66
he had claimed.
Lorenzo Dry Cleaners was ordered to pay interest on the Ksh.114,616.36
at 12 per cent per year from July 13, 2026, when Mumia formally demanded
compensation, until the amount is paid in full.

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