A term of contract that virtually gives a transporter a carte blanche to steal or damage its client’s goods with impunity and without right of recourse is unfair. Even where the transporter is a common carrier or bailee for reward, the defendant is under a duty to transport the goods in a secure condition and deliver them for the client at the agreed destination.

On 3rd June 2010, High Court Judge, Justice P. Kihara Kariuki found that a contracted transporter who is a common carrier or a bailee for reward is under a legal duty to deliver the goods for its client in the state in which they were received from the client. The transporter would be liable for damage caused to the goods by its negligence even if it is agreed that they were to be transported ‘at the owner’s risk’. This was the decision in a case in which Kingsway Motors Limited (the plaintiff) sued Corner Garage Transporters Limited (the defendant) for the value of goods (motor vehicles) that were damaged while being transported by the defendant.

To read or download the full version of Kingsway Motors Limited v Corner Garage Transport Limited [2010]eKLR visit http://kenyalaw.org/Downloads_FreeCases/74488.pdf