JUDGMENT
This appeal arises from the dismissal by the superior court of a suit filed by the appellant against the respondent wherein he had claimed special damages and “substantial, heavy and even punitive damages” for malicious prosecution and false imprisonment in the alternative or complementary.
Briefly the facts as put forward by the appellant, a small scale gem-stone dealer, before the superior court are that in 1976 he had refused to co-operate with the respondent, a farmer and a businessman at Kitale, whereby the latter had unsuccessfully tried to obtain the former’s assistance to sell some worthless stones of his to the former’s Greek boss. Three years later on 10th August, 1979, the respondent met the appellant in Kimathi Street outside New Stanley Hotel and blamed him for having caused him loss through his non-co-operation in cheating his boss over the stones that the respondent had planned to sell him. On the respondent becoming physically more violent the appellant ran in t…