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JUDGMENT
(Appeal from the judgment of the High Court at Nakuru, Masime J)
May 27, 1988, Platt JA delivered the following Judgment.
The appellant/plaintiff had sued the defendant for damages (exemplary; punitive, general and special) but the special damages indicated something more. The claim was for “special damages at the rate of Kshs 600 per day from October 31, 1986 until the time the shop will be open.” The plaintiff averred that he was a tenant of the defendant in business premises known as LR No 8836/528 (Shop No 3) in Nakuru, and according to paragraph 5 of the plaint, he alleged that from October 31, 1986 he had been locked out. Consequently he had lost the use of the stock in trade inside the shop, and had been prevented from going on with his day to day business. The plaintiff envisaged that once the defendant had seen sense, the plaintiff would continue in the shop let to him. In the meantime he suffered loss of profits of Kshs 600 per day and loss of goodwill. Quite how the p…