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James O. Onyango t/a Watch Dealers Wholesalers v. Municipal Council of Kisumu & Habil Ogado t/a Winam Cycle Co

(1996) JELR 98294 (CA)

Court of Appeal  •  civ app 54 of 96  •  22 Nov 1996  •  Kenya

Coram
Gurbachan Singh Pall, Philip Kiptoo Tunoi, Richard Otieno Kwach

Judgement

JUDGMENT OF THE COURT

The appellant, a watch-repairer along Accra Street, Kisumu Municipality, brought a suit against the respondents, Municipal Council of Kisumu, hereinafter referred to as the Municipal Council and Winam Cycle Trading Company, hereinafter referred to as the second respondent, claiming damages for loss and damage occasioned to him by the respondents' illegal acts of trespass and demolition of his shop.

The facts out of which this appeal arose are that the second respondent is the owner of the shop situate on Section XXIX plot No. 21 Accra Street, Kisumu. He rented part of it to the appellant. There was a timber wall partition separating the two shops. Sometime in 1985, the second respondent wanted to remove the appellant from the premises so that he could acquire a larger space for his expanding business. The appellant resisted the attempt despite threats by the second respondent. By a letter dated 20th November, 1985 the Acting Town Engineer of the Municipal Council w…

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