JAMES MWANGI V. ALEX NJUGUNA, JOHN NGUNYA & ATTORNEY GENERAL

JUDGMENT OF THE COURT

This is an appeal by JAMES MWANGI, the appellant before us and the unsuccessful plaintiff in the suit, against the judgment of the High Court of Kenya at Nairobi (Lenaola, Ag. J. as he then was) delivered on 17^th September, 2004, whereby the learned judge dismissed the appellant’s claim against the three respondents, Alex Njuguna, John Ngunya and the Attorney General, for both special and general damages.

The appellant had in his plaint dated 30^th November, 1994 prayed for:-

i) An order restraining the 1^st and the 2^nd respondents from further harassing and/or assaulting the appellant and/or destroying his property;

ii) General damages;and

iii) Special damages.

The facts giving rise to the suit as discernible from the record of appeal appear to be as follows. In or about 1980s and 1990s the appellant was Chairman of the Village Committee of Mukuru slums within the City of Nairobi. He also operated a kiosk for selling vegetables within the slums. The 1^st respondent Alex …