Nungari v Greign Estates Limited & another (Environment and Land Appeal E058 of 2020) [2023] KEELC 16137 (KLR) (16 March 2023) (Judgment)
- Court
- Environment & Land Court
- Case number
- 16137
- Citation
- [2023] KEELC 16137 (KLR)
- Decided
- 16 March 2023
The Court of Appeal found that the Appellant did not demonstrate she was illegally distressed for rent and unlawfully evicted from her house, and thus dismissed her claim.
Facts
The Appellant, Judy Purity Nungari, filed a civil suit against Greign Estates Limited and Arise Limited alleging illegal eviction and distress for rent. The trial court dismissed the case, finding that the Appellant failed to prove she was not in arrears of rent and that the eviction was lawful.
Issues
- Whether the Appellant was illegally distressed for rent and unlawfully evicted from her house.
- Whether she was entitled to any compensation.
- Whether she is entitled to costs of this appeal.
Reasoning
The Court of Appeal upheld the trial court's decision, finding that the Appellant failed to prove she was not in arrears of rent and that the eviction was lawful. The Appellant did not provide evidence of the household goods thrown out or the restraining order.
Outcome
Appeal dismissed
Authorities cited
Cases cited (1)
- Kneller & Hancox Ag JJA in Makube v Nyamuro (1983) eKLR
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