Plaintiff’s case.
It’s the plaintiff’s case that on the 5th January, 2016, the defendants severally and jointly intended to annoy the person of the plaintiff whereupon they (defendants) trespassed upon the plaintiff’s land,
threatened him with violence with implements like pangas and sticks.
That when the plaintiff reported the matters to police, the defendants were charged, tried and convicted of criminal trespass and threatening violence whereupon, they were sentenced to a fine. While satisfied with the convictions, the plaintiff is aggrieved with the costs he incurred in the process of securing the said convictions, of which, he now seeks to recover the same as special damages, general damages and costs of this
suit.
Defendant’s case:
I have perused the entre record and I haven’t seen any written statement of defence. The defendants however made appearance and also called witnesses to oppose the claim. I’m aware of recent jurisprudence to the effect that a defendant in a magistrates’ court case is not under compulsion to file a Written statement of defence. Nonetheless, gathering from the facts that arose at trial, the defendants denied the entire claim.
While admitting that indeed they were convicted and sentenced to a fine of which they paid and also appealed to the High Court, they deny ever damaging any property belonging to the plaintiff and also deny being liable for the costs incurred by the plaintiff in pursuing the criminal case.
Representation:
The plaintiff was represented by M/S LUCHIVYA & CO. ADVOCATES while the defendants were represented by M/S SPENCER ASSOCIATED ADVOCATES.
FULL JUDGMENT:
Download Here: MANJA ALI -VS- KIZITO RASHID AND 2 OTHERS (bench notes)