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Kenya Industrial Estates Limited v. John Odwory Kulohoma

(2020) JELR 100039 (CA)

Court of Appeal  •  Civil Appeal 51 of 2019  •  9 Oct 2020  •  Kenya

Coram
Wanjiru Karanja, Hannah Magondi Okwengu, Milton Stephen Asike Makhandia

Judgement

JUDGMENT OF THE COURT

[1] This is a second appeal originating from a ruling delivered by the Chief Magistrate’s court at Busia. In the first appeal, the learned Judge of the High Court (Kiarie, J) dismissed the appeal as having no merit.

[2] It is necessary to recapitulate the background to this appeal. Litigation was commenced by the respondent John Odwory Kulohoma (Kulohoma), who sued Kenya Industrial Estates Limited (KIE) for irregularly repossessing shade No. 4 at Busia Kenya Industrial Estate. Kulohoma claimed that shade No. 4 was sold to him and that he had paid a total sum of Kshs. 318,000 which was in excess of the agreed price of Kshs. 242, 000. Kulohoma sought, inter alia , to be put back in possession and to be awarded damages for loss of business. KIE through its amended defence admitted that Kulohoma accepted to purchase the shade but maintained that it was to be paid by way of instalments, and that Kulohoma defaulted in the repayment and has not cleared the mortgage arrear…

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