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Transmara Sugar Company v. Daniel Nyabuto Momanyi

(2020) JELR 93502 (CA)

Court of Appeal  •  Civil Appeal 110 of 2015  •  19 Jun 2020  •  Kenya

Coram
Milton Stephen Asike Makhandia, James Otieno Odek, Patrick Omwenga Kiage

Judgement

IN THE COURT OF APPEAL

AT KISUMU

(CORAM: ASIKE-MAKHANDIA, KIAGE and OTIENO-ODEK, JJA)

CIVIL APPEAL NO. 110 OF 2015

BETWEEN

TRANSMARA SUGAR COMPANY....................APPELLANT

AND

DANIEL NYABUTO MOMANYI.....................RESPONDENT

(An appeal arising from the Judgment of the High Court of Kenya at Kisii, (Wakiaga, J) dated 29th day of September, 2015

in

CIVIL APPEAL NO. 36 OF 2013)

***********************

JUDGMENT OF ASIKE-MAKHANDIA, J.A

By a re-amended Plaint, the respondent filed suit against the appellant at the Principal Magistrate’s Court in Kilgoris claiming special damages and compensation for destroyed crops, costs of the suit and interest. The facts in support of the claim are that the respondent leased a farm being Land Parcel No. Ololchani/785 from a one Moses Konchellah. Pursuant to the lease agreement, the respondent ploughed four (4) acres and planted tomatoes, beans and cabbages. On or about 26th September 2010, the agents and or servants of the appellant unlawfully and maliciousl…

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