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DAMIANO MIGWI v. TIMOTHY MAINA WAITUGI

(2009) JELR 103000 (CA)

Court of Appeal  •  Civil Appeal 335 of 2003  •  10 Jul 2009  •  Kenya

Coram
Samuel Elikana Ondari Bosire, Philip Nyamu Waki, Joseph Gregory Nyamu

Judgement

JUDGMENT OF THE COURT

The appellant Damiano Migwi filed this appeal on 23rd December, 2003. It is an appeal from the judgment of the superior court (Khamoni, J) dated 23rd October, 2003.

By his plaint filed on 22nd June, 2001 in the Senior Resident Magistrate’s Court, at Nyeri, the respondent here Mr. Timothy Maina Waitugi, claimed against the appellant here, Damiano Migwi a sum of Kshs. 18,000/= with costs and interest. The particulars of the claim as set out in paragraphs 3 to 7 of the plaint are as follows:-

“3. On or about 30th May, 2001 the defendant together with his two adult sons illegally dug a trench on Nyeri-Kabage road ad (sic) place (sic) a huge log on the said road thus completely blocking the road.

4. The plaintiff had hired vehicle KSX 576 for Kshs.12,000/= to transport potatoes for him from Kabage to Nyeri town and on his return he found the road blocked by the defendant and the plaintiff’s hired vehicle was forced to remain there for the night of 30th May, 2001 and the …

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