RONALD NGURU GATHARA, RODOKEN VENTURES (K) LTD & RACHAEL V. MUTAHI T/A TOPLINK AUCTIONEERS V. CLIFF MBALA

JUDGMENT OF THE COURT

This is a second appeal by the appellants. Their first appeal, against the judgment of the Principle Magistrate’s Court at Milimani Commercial Courts that awarded the respondent some Kshs. 400,000 in general and punitive damages for alleged unlawful distress, was dismissed by the High Court (Sergon, J) on 13^th February, 2015.

That award followed a suit by the respondent against the three appellants. The first two were his landlord and the third a firm of auctioneers.

He claimed damages for the distress on 11^th July 2006 for rent allegedly owing from him to the 1^st and 2^nd appellants over a house in New Garden Estate. The distress was effected by the 3^rd appellant on 11^th July 2006 on the instructions of the 1^st and 2^nd appellants. The respondent pleaded that the distress was wrongful, unlawful and illegal as he had paid rent up to the month of July 2006 and had no arrears to justify the distress in which his television set and refrigerator were attached. He prayed f…