JUDGMENT OF THE COURT
This is an appeal by Jeniffer Nyakinyua Wambugu (the plaintiff) against the decision of Mango J. given on 8th April, 1992, by which the learned Judge dismissed with costs a suit which the plaintiff had instituted in the superior court against Nairobi City Commission (the defendant). In the suit the plaintiff sought to recover damages for loss and damage she claimed to have suffered when her mobile kiosk at the junction of Workshop Road and Machakos Road, in Nairobi, was demolished by the plaintiff's askaris on 19th February, 1990. In the course of the demolition, in addition to the destruction of the kiosk, the plaintiff claimed to have lost items of food, a variety of edibles and condiments, utensils and other items ordinarily used in a catering business.
The plaintiff operated the kiosk under a licence issued by the defendant on certain conditions which included condition No.4 which stated:-
"(4) Licensee must move away when no longer required at the site of hawki…