Crown Paints Loses Court Fight Over Unauthorised Branding on Thika Building

Regional paints manufacturer Crown Paints Kenya Plc has lost a legal dispute arising from the unauthorised painting of a commercial building in Thika with its brands without the property owner's consent. The High Court upheld a Sh3.5 million damages award against the company for using Punjab Engineering Works Ltd's commercial building for advertising purposes.

The court dismissed Crown's appeal, finding that Punjab had established trespass by producing its title and photographs showing Crown branding on its commercial property. The dispute began in 2020 after Punjab, the registered owner of the property, sued the paint manufacturer in the Chief Magistrate's Court.

Punjab said Crown, through its agents, painted the front of its building for advertising and gained commercial benefit without permission. Punjab sought a declaration of trespass, general damages, Sh1.4 million in compensatory damages, costs and interest. Crown denied the claim, but the case went to a hearing it did not attend, and Punjab's witness testified that the paint manufacturer had illegally painted its branding on the building.

The magistrate awarded Punjab Sh3.5 million as general damages for trespass, plus costs. The High Court rejected Crown's argument that Punjab had to prove specific financial loss before receiving damages. "It is important to note that once a claim of trespass has been established, the claimant need not prove the specific loss suffered for damages to be awarded," the High Court said in a judgment dated July 23, 2026.

The court found no basis to interfere with the award, holding that Sh3.5 million was reasonable after considering the trespass, the infringement of the property right, the commercial nature of the building and Crown's conduct during the trial. The decision sounds a caution to corporates using mural advertising on private buildings without consent.