Mutisya Kimwelu v Nzambi Mati [2015] KEHC 2197 (KLR)

Facts

The respondent filed a plaint against the appellant alleging that the appellant created a disturbance by chasing her with a panga on August 27, 2011. The appellant was charged in a criminal case, convicted, and fined. The respondent claimed special damages for transportation, accommodation, and subsistence costs incurred while attending the criminal case.

Issues

1. Whether the trial magistrate erred in law and fact by failing to consider the evidence tendered by the appellant.
2. Whether the trial magistrate erred in law and fact by considering a previous criminal case between the parties.
3. Whether the trial magistrate erred in law and fact by considering irrelevant factors.
4. Whether the trial magistrate erred in law and fact in basing his judgment on repelled law.
5. Whether the trial magistrate erred in law and fact in failing to consider the reasons for the previous criminal case.
6. Whether the trial magistrate erred in law and fact in failing to record all proceedings especially the evidence tendered by the appellant.
7. Whether the trial magistrate erred in law and fact in showing open bias against the appellant.
8. Whether the trial magistrate erred in law and fact in failing to consider the appellant's overriding interest on the respondent's land.
9. Whether the trial magistrate erred in law and fact in failing to consider that the criminal case arose out of a land dispute.
10. Whether the trial magistrate erred in law and fact in failing to consider and apply the legal principles as set out in the appellant's defense and advising the respondent to file a land case between the parties.

Reasoning

The court found that the respondent did not prove the claim for special damages for transport and accommodation. The award of general damages was deemed excessive and reduced to Kshs. 15,000/=. The court also noted the appellant's open bias against the respondent.

Outcome

Appeal successful in part