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Joseph Muthee Kamau & another v. David Mwangi Gichuri & another

(2010) JELR 100631 (CA)

Court of Appeal  •  Civil Application 129 of 2009  •  24 Jun 2010  •  Kenya

Samuel Elikana Ondari Bosire, John walter Onyango Otieno, Erastus Mwaniki Githinji



On 31st January 1999 in the evening, there was physical confrontation between the appellants Joseph Muthee Kamau, and David Mwangi Muthee on the one hand and the respondents David Mwangi Gichuri and his brother John Maina Gichuri on the other hand which resulted into physical injuries to the respondents and some injuries to the applicants. The applicants were arrested, charged with the offence of assault in Mukurweini Law Courts, convicted and each fined Ksh.5,000/=. They did not appeal against that conviction. Later the respondents moved to the Chief Magistrate’s Court at Nyeri and each filed a civil suit against the applicants. These were Civil Case Nos. 410 and 411 of 2000. The suits were consolidated and heard together. The respondents each claimed special and general damages against the applicants. The applicants denied liability in the defence and counter-claimed. It would appear that as at the time the suits were filed, the said Resident Magistrate (M. N. Omo…

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