PAUL MUIYORO T/A SPOTTED ZEBRA V. BULENT GULBAHAR REMAX REALTORS

JUDGMENT OF THE COURT

[1] This appeal arises from a suit which was filed in the High Court at Nairobi by Paul Muiyoro Njuguna t/a Spotted Zebra (herein "the appellant"). He had sued Bulent Gulbahar and Reamax Realtors (herein "the respondents"), seeking, inter alia, special damages of Kshs. 3,800,000/=, general damages, loss of business and an injunction restraining the respondents from interfering with his quiet possession and enjoyment of premises on LR No. 1/299 along Argwings Kodhek road Nairobi (herein "the suit premises").

[2] The origin of the litigation was a written sale agreement dated 28^th July, 2010 vide which the appellant purchased, from an entity called Club D' Mills, the latter's business of a bar and restaurant located on the suit premises owned by the respondents for Kshs. 3,800,000/=. The respondent approved the transaction and offered the same business space to the appellant on new terms. However, the appellant claimed that shortly after he purchased the said busines…