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Robin Angus Paul v. Mohamed Hemed Kale & Ahmed Kale Hemed

(2018) JELR 95128 (CA)

Court of Appeal  •  Civil Appeal 49 of 2017  •  3 Oct 2018  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Philip Nyamu Waki, Wanjiru Karanja

Judgement

JUDGMENT OF THE COURT

The appellant herein challenges the decision of the High Court (Chitembwe, J.) on a first appeal in which the court dismissed his appeal against a finding made by the trial court that he was liable for the arrest and malicious prosecution of the two respondents before us. The court went further to award general as well as exemplary damages to the respondents. The issues of liability and quantum of damages are raised for our determination.

The short background to the appeal is this:

The two respondents are brothers from Ngomeni village while the appellant is a Kenyan of British origin. In the year 2005, the appellant purchased two parcels of land from the respondents' father (since deceased) and had them registered in his name. He took possession and fenced the land. On 18th March, 2011, the appellant was informed by his security guard that the two respondents had destroyed part of the wooden perimeter fence and trespassed on the land claiming ownership. The appellan…

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