Lucy Njeri Ngunjiri & 6 others v Anthony Kimeu & 3 others [2018] KEELC 4463 (KLR)
The bottom line
#A Kenyan court ruled that tenants unlawfully evicted deserve damages automatically, but claims for specific business losses must be backed by documents.
What this practically means
#Executive summary
#Key legal issues
#Pleading and proof of special damages
The appeal against refusal of special damages failed; tabulated figures in witness statements do not suffice where the loss was neither pleaded nor proved by documentary evidence.
The court reaffirmed that special damages must be pleaded and proved. Although some appellants tabulated losses in their statements, none were pleaded or proved. Having had the opportunity to testify on their losses, the appellants could not 'throw the figures at the court' and expect awards without documentary proof. A formal proof hearing was therefore not warranted.
General damages for unlawful eviction
The trial magistrate erred in declining general damages after finding the eviction unlawful; the appellate court set aside that finding and awarded each appellant Kshs. 500,000/= general and Kshs. 200,000/= punitive damages.
Having found the eviction unlawful, the trial magistrate ought to have awarded general damages without requiring proof of quantified loss. The eviction was carried out at night, in a callous manner, went beyond any break-in order, destroyed the premises, and targeted some appellants (like the first appellant) who had no rent arrears at all. The conduct justified punitive damages.
Duty of the trial court to address all prayers
Ground 1 failed: the trial magistrate had addressed all prayers; the injunction prayer had been overtaken by events following the eviction.
The appellate court reviewed the trial judgment and found all prayers were dealt with, including special damages and costs. The injunction could not issue because the appellants had already been evicted, rendering it moot.
Legal principles established
#- Special damages must be specifically pleaded and proved in evidence; a court is not obliged to allow a second hearing for their proof where the party had the opportunity to prove them.
- Once unlawful eviction is established, general damages need not be tied to proof of specific quantified loss.
- On a first appeal the court is obliged to evaluate the evidence afresh while bearing in mind that it did not see the witnesses testify.
Court orders
#- 1.Finding of no merit in ground 1, which is rejected
- 2.Setting aside the trial magistrate's finding that the appellants were not entitled to general damages
- 3.Award of Kshs. 500,000/= general damages for unlawful eviction to each appellant against the respondents jointly and severally
- 4.Award of Kshs. 200,000/= punitive damages to each appellant against the respondents jointly and severally
- 5.Respondents to get costs of the appeal
- On appeal from
- Chief Magistrates' Court, Milimani
- CMCC No. 2630 of 2008
- Jurisdiction invoked
- First appellate jurisdiction of the Environment and Land Court over the subordinate court (appeal against part of the judgment in Milimani CMCC No. 2630 of 2008)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Lucy Njeri Ngunjiri & 6 others v Anthony Kimeu & 3 others [2018] KEELC 4463 (KLR)", Case Analysis (2018). ELC Appeal No. 72 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/4463/eng@2018-02-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.