C.Y.O OWAYO v GEORGE HANNINGTON ZEPHANIA ADUDA T/A ADUDA AUCTIONEERS & ANOTHER [2007] KEHC 1390 (KLR)
- Court
- High Court of Kenya
- Case number
- 1390
- Citation
- [2007] KEHC 1390 (KLR)
- Decided
- 13 July 2007
The appeal is allowed, and the judgment of the superior court is set aside. The appellant is awarded Ksh.710,000/= plus interest, and costs of the appeal and of the superior court are awarded to the appellant.
Facts
C.Y.O. Owayo was a tenant in a business premises owned by South Nyanza Teachers Co-operative Savings & Credit Society Limited (Sonyaco) in Homa Bay. The tenancy ended, and Owayo was in arrears of Ksh.90,600/=. Sonyaco wrote to G.S. Okoth & Co. Advocates demanding the arrears plus interest. The second respondent authorized the first respondent to proceed with the levy of distress, but the goods were taken by the first respondent. Owayo claimed special and general damages.
Issues
- Was the levy of distress by the first respondent authorized by the second respondent?
- Was the first respondent entitled to take the goods?
- Was the first respondent's action illegal and reckless?
Reasoning
The second respondent authorized the first respondent to demand rent from the tenant, Claris Owayo. However, the first respondent proceeded with the levy of distress without following the proper legal procedures, which was illegal and reckless.
Outcome
Appeal allowed
Orders
- Judgment for the appellant in the total sum of Ksh.710,000/= plus interest at court rates from 10th May 1999.
- Order that costs of the appeal and of the superior court be awarded to the appellant.
Remedies
- Special and general damages for trespass to goods.
- Exemplary damages of Ksh.10,000/=
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