JUDGMENT OF THE COURT
This is an appeal brought by BALBIR SINGH t/a DELUXE FURNISHERS HOUSE who was the defendant in an action brought in the superior court where it was heard by Wambiliangah, J. He delivered judgment in the action on 17 February 1998 for the respondents for vacant possession of Plot No. Kisumu/Municipality/Block 7/394 (the suit property) and for general damages in the sum of K.Shs.686,000 together with costs and interest at court rates.
The relevant facts were these. On 17 September 1970 the Kisumu Municipal Council granted possession to the defendant to store its timber on the suit property on a temporary basis for a period of eight months. Subsequent thereto, on or about 5 May 1986 the Government of Kenya allocated the suit property to the first respondent who sold the same to the second, third, fourth and fifth respondents at an agreed price. Despite a notice of intention to sue, the defendant refused to surrender possession of the suit property.
The plaintiffs then …