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 maliciously destroyed all the crops by ploughing the land using a tractor. It was urged that the appellant company was vicariously liable for the acts and omissions of its agents or servants in destroying the crops.
The respondent specifically pleaded the particulars of damages as:
(a) 3 acres of tomatoes at expected yield of 15 tonnes per acre by 3 by 32 kg at Ksh. 600.
(b) 1 acre of cabbage at expected yiel…