[2016] KEHC 1270 (KLR)
The court found that the plaintiff had pleaded and proved the loss of stock destroyed during eviction, as evidenced by an uncontroverted inventory. The omission of the sum of Kshs. 2,877,715 from the original judgment was an error, and the court was persuaded that this amount should have been included. By consent of...
Source-derived case information.
- Citation
- [2016] KEHC 1270 (KLR)
- Parties
- Plaintiff: Azim Sameja Trading as Business 2000; Defendant: Lakhasmshi Virpal Shah; Defendant: Kamlaben Lakhamshi Shah; Defendant: Ashokhurmar Lamkhamshi Shah; Defendant: Ashokhurmar Lamkhamishi Shah; Defendant: Harsha Lakhamshi Shah; Defendant: Pritmalakha Shah Trading as High Park Investments
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 689 of 2001
- Procedural Posture
- Civil Case / Ruling on Application for Review of Judgment
- Outcome
- application for review allowed; judgment reviewed and amended
- Judges
- A Mbogholi-Msagha
- Legal Topics
- Review of Judgment, Damages for Loss of Goods, Eviction Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Azim Sameja Trading as Business 2000
Plaintiff
Lakhasmshi Virpal Shah
Defendant
Kamlaben Lakhamshi Shah
Defendant
Ashokhurmar Lamkhamshi Shah
Defendant
Ashokhurmar Lamkhamishi Shah
Defendant
Harsha Lakhamshi Shah
Defendant
Pritmalakha Shah Trading as High Park Investments
Defendant
Procedural Posture
Civil Case / Ruling on Application for Review of Judgment
Legal Issues
- 1 Whether the judgment should be reviewed to include the sum for stock destroyed during eviction.
- 2 Whether the plaintiff proved loss of business assets as pleaded.
Ratio Decidendi
The court found that the plaintiff had pleaded and proved the loss of stock destroyed during eviction, as evidenced by an uncontroverted inventory. The omission of the sum of Kshs. 2,877,715 from the original judgment was an error, and the court was persuaded that this amount should have been included. By consent of both parties, and upon review of the judgment and evidence, the court amended the judgment to add the sum for destroyed stock to the previously awarded amount, resulting in a new total of Kshs. 4,552,306. No order as to costs was made.
Court Disposition
application for review allowed; judgment reviewed and amended
Orders
- The judgment is reviewed and amended to include Kshs. 2,877,715 for destroyed stock, making a total award of Kshs. 4,552,306 to the plaintiff.
- No order as to costs.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL CASE NO. 689 OF 2001
AZIM SAMEJA Trading as BUSINESS 2000 .............….PLAINTIFF
VERSUS
LAKHASMSHI VIRPAL SHAH……………….}
KAMLABEN LAKHAMSHI SHAH…………..}
ASHOKHURMAR LAMKHAMSHI SHAH….}
ASHOKHURMAR LAMKHAMISHI SHAH…}
HARSHA LAKHAMSHI SHAH……………….}
PRITMALAKHA SHAH
Trading as HIGH PARK INVESTMENTS...........….} DEFENDANTS
RULING
The plaintiff received judgment in his favour delivered on 6th April, 2016. There is now before me an application dated 21st and filed on 22nd of June 2016 seeking a review of the said judgment so as to include a sum of Kshs. 2,877,715/= being the sum relating to goods in the form of stock destroyed during the plaintiff’s eviction and which was pleaded .
On 27th June, 2016 counsel appearing for the plaintiff and the defendants agreed by consent that the said application be allowed. I have looked at the judgment from page 18 and confirm that the subject of stock was pleaded. This fell under the heading of lost business assets.
From the evidence advanced when the defendants demolished the premises occupied by the plaintiff nothing was salvaged. An inventory of goods destroyed was produced in evidence which the court found to be uncontroverted.
Having been persuaded that the plaintiff had proved loss of the said stock, the sum of Kshs. 2,877,715/= should have been added to the figure of Kshs. 1,674,591/= appearing at page 19 of the judgment, to make a total of Kshs. 4,552,306/=. To that extent the judgment of the court is hereby reviewed and amended accordingly. No order as to costs.
Dated and delivered at Nairobi this 28th day of July, 2016.
A.MBOGHOLI MSAGHA
JUDGE