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RONALD NGURU GATHARA & 2 OTHERS
V.
CLIFF MBALA

(2017) JELR 95566 (CA)

Court of Appeal 16 Jun 2017 Kenya
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Case Details

Suit Number:Civil Appeal 100 of 2015
Judges:Philip Nyamu Waki, Roselyn Naliaka Nambuye, Patrick Omwenga Kiage
Location:Nairobi
Other Citations:Ronald Nguru Gathara & 2 others v. Cliff Mbala [2017] eKLR

JUDGMENT OF THE COURT

This is a second appeal by the appellants. Their first appeal, against the judgment of the Principle Magistrate’s Court at Milimani Commercial Courts that awarded the respondent some Kshs. 400,000 in general and punitive damages for alleged unlawful distress, was dismissed by the High Court (Sergon, J) on 13th February, 2015.

That award followed a suit by the respondent against the three appellants. The first two were his landlord and the third a firm of auctioneers.

He claimed damages for the distress on 11th July 2006 for rent allegedly owing from him to the 1st and 2nd appellants over a house in New Garden Estate. The distress was effected by the 3rd appellant on 11th July 2006 on the instructions of the 1st and 2nd appellants. The respondent pleaded that the distress was wrongful, unlawful and illegal as he had paid rent up to the month of July 2006 and had no arrears to justify the distress in which his television set and refrigerator were attached. He prayed f…

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