Onditi v Kenha & 2 others (Civil Appeal E003 of 2023) [2025] KEELC 8353 (KLR) (27 November 2025) (Judgment)

Summary at a glance

Facts

The appellant alleged that the respondents heaped sand and soil at the entrance of his motel and that the diversions during construction works denied him access and caused loss of business. The appellant also claimed general damages for loss of business.

Issues

• Whether the appeal is tenable
• What orders should be made in this appeal to meet the best ends of justice

Reasoning

The Court found no evidence proving that the motel gate was blocked by sand. The evidence showed that access was not cut off entirely, and the appellant acknowledged that he could access the motel via Texas Petrol Station. The trial court’s finding that access was inconvenienced but not denied was upheld. The claim for general damages was also dismissed as the appellant failed to provide credible evidence linking the impugned conduct to the alleged loss.

Outcome

Appeal dismissed

Orders

• The judgment of the trial court is upheld in full
• Costs of this appeal are awarded to the 1st and 2nd respondents

Authorities cited