JUDGMENT OF THE COURT
This is an appeal against the ruling of the High Court (Makhandia, J. as he then was) dated 8th July, 2006 wherein the court declined to reinstate the appellant's appeal which had been dismissed for non attendance by the appellant.
The background to this appeal is that in the year 1997, the respondents who are wife and husband respectively leased out three separate rooms situated on their property described as Plot No. 912 Ziwani Estate Nyahururu to the appellant. The appellant claimed that he used to operate a shop in one of the rooms. Thereafter, according to him a dispute arose between the parties when the respondents increased the rent payable. The appellant filed a suit in the Business Premises Tribunal at Nyahururu being Tribunal Case No. 13 and 15 of 1997 wherein the respondents were restrained by the tribunal from evicting the appellant from the suit premises.
The appellant alleged that on 31st August, 1997 the respondents forcefully broke into the shop, dam…