JUDGMENT OF THE COURT
South C Fruit Shop Limited, (the appellant herein) was in occupation of premises situate on L.R. No. 209/5877, which at the time was registered to Irene Waithira Wamae. The property had been charged to Housing Finance Company of Kenya Ltd, (the respondent herein), who brought suit, in 1983, against the registered owner and obtained a decree for vacant possession as a result of her default in payment.
In 1984, Irene Wamae let the premises to the appellant for a period of 2 1⁄2 years. The appellant occupied the premises and was running the business of a fruit shop therein. On 15th December 1985, the appellant was evicted from the premises during which eviction, it claims, some of its goods (being stock in trade, furniture and fittings) were destroyed. The appellant therefore filed suit in the superior court for loss and damages, alleging inter alia that the respondent unlawfully terminated the tenancy and carried out an illegal eviction.
On the 4th of June 2006, the H…