JUDGMENT
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:
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…