REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA NAIROBI CIVIL APPELLATE DIVISION HCCA E1213 OF 2024 JARED OCHIENG ONYANGO ………………………….. …..APPELLANT VERSUS PARAGON PROPERTY CONSULTANTS LTD ………..RESPONDENT JUDGMENT 1. The brief history of this Appeal is that the Appellant was the Respondent’s tenant who was charged with creating disturbance in a criminal case where the Respondent was the complainant. According to the Appellant, he spent 14 days in the remand before he was finally convicted and fined Ksh5,000/-. The Appellant’s contention is that he lost items worth Ksh504,650/- which were in the house. The house had been locked by the Respondent who denied him access despite filing a suit in the tribunal. 2. The lower Court dismissed this claim on the basis that the Appellant did not provide prove of loss of items worth the amount claimed nor did he attach any order from the tribunal requiring that the Respondent allows him access to the house. At the time when this matter was filed, Civil Procedure HCCA 12132024 /EK 1
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Rules had not been amended to allow filing of witness statements. 3. The Respondent did not testify in this case. The burden of prove does not become lesser in cases where the defendant does not testify. The claim by the Appellant qualify to be for special damages which must be strictly proven. Failure to produce documentary evidence to prove special damages is incurable because the Court cannot rely on mere oral evidence. 4. This Court would have awarded damages for unlawful distress or lockout but there is no documentary evidence that the matter was filed before a tribunal which issued an order for the locks to be opened but was not complied with. No proceedings of the said tribunal case were attached. The casual evidence or the unsupported oral evidence by the Appellant carries less weight even though the matter is undefended. 5. The onset of the above is that the appeal is dismissed with costs DATED, SIGNED AND DELIVERED VIRTUALLY ON THIS 28 TH DAY OF MAY 2026. HON L P KASSAN JUDGE HCCA 12132024 /EK 2
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HCCA 12132024 /EK 3
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