Customer Support

NYABOGA
V.
MURIITHI

(1988) JELR 96245 (CA)

Court of Appeal 27 May 1988 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Civil Appeal 60 of 1987
Judges:John Mwangi Gachuhi James Onyiego Nyarangi Harold Grant Platt
Location:Nakuru
Other Citations:Nyaboga v. Muriithi[1988] eKLR

JUDGMENT

(Appeal from the judgment of the High Court at Nakuru, Masime J)

May 27, 1988, Platt JA delivered the following Judgment.

The appellant/plaintiff had sued the defendant for damages (exemplary; punitive, general and special) but the special damages indicated something more. The claim was for “special damages at the rate of Kshs 600 per day from October 31, 1986 until the time the shop will be open.” The plaintiff averred that he was a tenant of the defendant in business premises known as LR No 8836/528 (Shop No 3) in Nakuru, and according to paragraph 5 of the plaint, he alleged that from October 31, 1986 he had been locked out. Consequently he had lost the use of the stock in trade inside the shop, and had been prevented from going on with his day to day business. The plaintiff envisaged that once the defendant had seen sense, the plaintiff would continue in the shop let to him. In the meantime he suffered loss of profits of Kshs 600 per day and loss of goodwill. Quite how the p…

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.