JUDGMENT OF THE COURT
Background
This is an appeal from the judgment of the High Court dated 17t September, 2004, wherein the Court dismissed the appellant’s claim in HCCC NO. 2287 of 1990.
A summary of the appellant’s case in the High Court was that on 4th January, 1990, he applied for a licence from the respondent to operate a kiosk within Naivasha Township. He obtained approval to construct a kiosk from the respondent’s Town Planning, Markets, Works and Housing Committee. He paid the requisite fees to the respondent and proceeded to construct the kiosk at his cost. Thereafter, he procured stocks from M/s Mumbo Jambo Craft Sales Limited on credit at a cost of KShs.625,492/=.
He stored the stock in the kiosk and waited for the respondent to issue the requisite licence.
On 4th April, 1990, the respondent’s agents demolished the kiosk as a result of which some of the stock was damaged and others lost. The respondent carted the demolished kiosk and the damaged items to the appellant’s house.…