Sereria v Allianca (One) Tobacco (K) Ltd (Civil Suit 2 of 2012) [2013] KEMC 104 (KLR) (6 June 2013) (Judgment)
- Court
- Magistrate's Courts
- Case number
- 104
- Citation
- [2013] KEMC 104 (KLR)
- Decided
- 6 June 2013
The court finds that the plaintiff has failed to prove his claim against the defendant and dismisses the suit with costs to the defendant.
Facts
The plaintiff, Isaya Tatiru Sereria, supplied farm implements, fertiliser, and herbicides to the defendant, Allianca (One) Tobacco (K) Ltd, for cultivating tobacco. The plaintiff later sold the tobacco to a different company, leaving the defendant to deduct the costs of the inputs from the proceeds. The plaintiff claims the defendant invaded his homestead and seized 2 heads of cattle, 6 goats, and 20 iron sheets worth Kshs. 76,000/=.
Issues
- Whether the plaintiff has discharged his burden of proof to prove the unlawful seizure of his property.
- Whether the plaintiff has served proper notice of intention to sue before filing the suit.
Reasoning
The plaintiff did not provide direct evidence to prove the unlawful seizure of his property, and the court does not find that he has discharged his burden of proof to the required standard.
Outcome
Dismissed
Orders
- Dismissal of the suit with costs to the defendant.
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