JULIUS ONKWARE AKUNGA V. CHIEF MAGISTRATE’S COURT KISII & ANOR

JUDGMENT

JUDGMENT OF MUMBI NGUGI JA

1. In this second appeal, the appellant, Julius Onkware Akunga, challenges the decision of the High Court in Kisii (Okwany J) dated December 19, 2017 in which the Learned Judge found the appellant’s appeal against the decision of the Chief Magistrate’s Court in Kisii CMCC No. 252 of 2015 unmerited and dismissed it.

2. The appellant had filed a claim before the trial court by a plaint filed on June 5, 2015 against the 2nd respondent in which he claimed special damages of Kshs. 16,700, general damages, loss of business, costs and interest against the respondent. His claim allegedly arose when his camera, bag, camera flash and photographs, all valued at Kshs. 61,700, which had been produced in court as exhibits in Criminal Case No. Kisii CMCR 2122 of 2009, got lost while in the court’s custody. He alleged that out of his entire claim of Kshs. 61,700, the respondents had only paid him Kshs. 45,000, leaving a balance of Kshs. 16,700.

3. In its defence, the office of …