Lawyer opts for gentleman's deal with tailor over burnt suit

A city lawyer entangled in a court battle with a tailor for allegedly destroying his Sh35,000 Italian suit is pursuing an out-of-court settlement.

Advocate Gatheru Gathemia and Daniel Onyango Dinda asked the court to grant them at least two weeks as they negotiate the matter.

Justice Janet Mulwa subsequently directed the matter be mentioned on April 8, 2024, to confirm if the parties would have reached an agreement.

If not, the court will proceed to issue a hearing date.

The advocate sued the tailor in 2021 demanding compensation for burning his Herr Widman grey suit.

He said he purchased it for Sh35,000 from a boutique in Nairobi.

The lawyer said in May 2021, Onyango destroyed the suit with a hot iron box while ironing it after adjusting its length.

The two subsequently reached an agreement that the tailor would pay the advocate Sh35,000 as compensation in installments.

The tailor was to pay Sh3,000 every month. Onyango, however, allegedly defaulted on the agreement and the matter was filed at the small claims court in Nairobi.

A Resident Magistrate who handled the case dismissed it prompting the advocate to appeal at the High court.

Gatheru in his appeal said the magistrate made a mistake by failing to uphold that the damage occasioned to his suit was by way of derelict ironing of the garment.

“The magistrate failed to consider that Onyango, being a tailor of vast experience over many years, ought to have appreciated that the suit which was brand new was not meant to be ironed but his job was merely to tailor and adjust the length. By ironing the suit, he disregarded my instructions and deviated from common practice of tailoring,” the advocate told court.

But Onyango said the written agreement for payment of the Sh35,000 was secured through threats and intimidation.

He said he did as instructed only that while ironing the coat before delivering it, the iron box left a burnt mark on the garment.