UCHUMI SUPERMARKET LTD V. TOIGOI INVESTMENT LIMITED

JUDGMENT OF THE COURT

1. This is an appeal from the Judgment of the High Court (M. K. Ibrahim, J. (as he then was)) holding the appellant liable in negligence for a fire that damaged the respondent’s building and awarding the respondent special damages of Kshs. 37, 251,960.00, interest and costs.

Background

2. At all times material to this appeal, the respondent was the owner of a property situated in Eldoret town, within Uasin Gishu County known as Title Number Eldoret Municipality Block 3/46 on which was constructed a multipurpose building, comprising of shops and offices, known as Eldo Centre (“the building”).

3. Under a tenancy agreement, the appellant had leased a part of the building from the respondent from where the appellant conducted the business of a supermarket. We will refer to the leased premises as the supermarket.

4. During the currency of the tenancy, a fire broke out within the supermarket on 11^th December 1998. By the time that fire was put off, a substantial portion of …