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Johnson Mugwe Wanganga v. Joseph Nyaga Karingi

(2014) JELR 105163 (CA)

Court of Appeal  •  Civil Appeal 4 of 2011  •  19 Mar 2014  •  Kenya

Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek



1. Joseph Nyaga Karingi, the respondent was a tenant of Johnson Mugwe Wanganga, the appellant. The demised property was used as a business premises. The respondent allegedly fell in rent arrears and the appellant attached the respondent’s trade goods and levied distress and/or sought eviction. The respondent contented that the distress and or eviction was illegal and unlawful.

2. By a plaint dated 6th August, 2004, the respondent filed suit against the appellant and the auctioneer seeking the following orders:

(a) a declaration that the attachment of the plaintiff’s (respondents) property and eviction from the demised premises was illegal and irregular and an account of all the goods attached, proceeds of the sale of those goods and of the goods remaining unsold to the plaintiff.

(b) an order for the payment by the defendant (appellant) to the plaintiff of all sums due on the taking of accounts or delivery of those goods found unsold and for the payment of double the…

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