PATRICK OGOLA MISIKO V. BENEAH CHEMELENI NYAPOLA

JUDGMENT OF THE COURT

1. The appellant, Patrick Ogola Misiko, is aggrieved by the Judgment of the High Court at Kakamega (I. Lenaola, J) delivered on 17^th February, 2011 by which that court allowed the respondent’s appeal against the Judgment of the Magistrate’s Court at Mumias delivered on 22^nd April 2008 dismissing the respondent’s claim against the appellant for arrears of rent of Kshs. 247,000.00. The High Court substituted the order by the Magistrate’s court dismissing the respondent’s claim with an order awarding the respondent Kshs.221,000.00 on the basis of a contentious acknowledgment of debt allegedly executed by the appellant.

Background

2. In March 2005, the respondent commenced suit against the appellant in the Magistrate’s court at Mumias claiming Kshs. 247,000.00 as arrears of rent. The respondent asserted that he had let commercial premises situated on E. Wanga/Eluche/1139 to the appellant at a monthly rent of Kshs. 13,000.00; that the appellant vacated the premises in Fe…