The High Court has upheld a Ksh3.5 million damages award against Crown Paints Kenya for painting its brand on a commercial building in Thika without the owner’s consent.
Punjab Engineering Works Ltd, the property’s owner, sued the paint manufacturer in 2020, arguing that Crown used the building for advertising and gained commercial benefit without permission. The company produced its title deed and photographs showing Crown branding on the property.
Crown appealed the award, arguing that the damages were excessive and that Punjab had not proved financial loss. However, the court ruled that once trespass is established, a claimant does not need to prove specific losses to receive damages.
The judge found the award reasonable, citing the infringement of property rights and the commercial nature of the building.
