Simona Rizzoti v Kenya Way Limited [2021] KEHC 6339 (KLR)
- Court
- High Court of Kenya
- Case number
- 6339
- Citation
- [2021] KEHC 6339 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from the original trial outcomeCoramR. NYAKUNDI
Holding
The Plaintiff's suit fails as she did not prove the special damages flowing from the alleged breaches.
Facts
The Plaintiff filed a civil suit against the Defendant, Kenya Way Limited, alleging breach of a lease agreement dated 7th June 2013. The Plaintiff sought damages for projected profit, money in the safe, bookings and reservations, stock and materials, outstanding payments, and costs of purchasing and repairing property.
Issues
- Validity of the lease agreement
- Capacity of the Plaintiff to institute the suit
- Proving special damages
Reasoning
The court found that the evidence presented by the Plaintiff was insufficient to prove the special damages claimed. The Plaintiff did not specifically plead and prove the particulars of the special damages in her plaint.
Outcome
The Plaintiff's suit is dismissed.
Orders
- Each party bears their own costs.
Authorities cited
Cases cited (5)
- Total Kenya Ltd v Simona Rizzoti
- Agricultural Finance Corporation v Lengetia Ltd
- Gilgil Telecoms Industries Limited v Duncan Nderitu
- William Kiplangat Maritim & Another v Benson Omwenga
- Coast Bus Service Ltd v Murunga Danyi
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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