Customer Support

MICHAEL BELL & ANOR
V.
I. L. MATTERELLO LIMITED

(2022) JELR 113522 (CA)

Court of Appeal 18 Feb 2022 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:CIVIL APPEAL 72 OF 2019
Judges:RN Nambuye, JA HM Okwengu, JA F Sichale, JA
Location:Mombasa

JUDGMENT

  1. This is a first appeal arising from the judgment of the High Court of Kenya at Mombasa Commercial Division, in Mombasa HCC No. 39 of 2015, (P. J. O. Otieno, J.) delivered on 29th August, 2018.

    Background:

  2. The background to this appeal is that the respondent sued the appellants vide a plaint dated 17th March, 2015. In it, the respondent complained about appellants’ breach of the tenancy agreement executed between them over property known as Shop No. 12 and 13 at Plot No. Kwale/Diani Beach/1588 (the suit premises). The appellant was alleged to have irregularly and unlawfully broken into the said premises, closed them without any notice to the respondents and in the process caused the respondent’s goods and tools of trade to be detained therein. This conduct on the part of the appellants resulted in occasioning loss and damage to the respondent as more particularly set out in its plaint. In consequence, the respondent prayed for: a permanent injunction to restrain the appellants fr…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.