Man who failed to return TV after watching 2006 world cup ordered to buy a new set

The High Court has ordered a man to buy his neighbour a 21 inch television set for failing to return one that he had borrowed to watch the 2006 football World Cup derby.

Eric Maitha will have to buy George Kikami a new television within 30 days as ordered by the court which found that he declined to give back the one he had borrowed and given in good faith.

The case took eight years to settle, with the Magistrates Court dismissing the case and the High Court finally ordering that Mr. Maitha was at fault all along.

Mr. Kikami had asked both courts to order his neighbour to either return the Sony Trinity 21 inch television or have him paying Sh200 damages from June 2006 to date, but High Court judge Said Chitembwe ruled yesterday that it would be only fair that he gets back what he had given away.

“In view of the long period of time it has taken to solve the dispute, I do find that it will be unfair to allow the appellant's prayer of damages of Sh200 per day from June 2006 to date. I do order that the respondent herein give the appellant a 21' Sony television within 30 days hereof. In view of the long term, the appellant (Kikami) has lost the use of his television, I do order that the respondent buy a new television set as directed herein," justice Chitembwe ruled.

In the case, the court heard that on June 11, 2006, which was a Sunday, Maitha called Kikami asking him to lend his television for world cup derby screening for at least three days.

The two men met and proceeded to Maitha's house at Charo Wa Mae area in Kilifi town where he handed him the television. Maitha told the court that after the agreed date of return, his neighbour refused to return the television.

The man was only to learn that the borrower had taken the TV to another area where he was screening the derby.

"It is therefore clear to me that the appellant (Kikami) is the one who gave the television to the respondent. The evidence shows that the television was Sony Trinity 21' and coloured. It is the respondent himself who confirmed that he took the television to his home," the judge noted.

Mr Kikami testified that he went to the place where Maitha was screening the derby and paid to watch a game only to see his television being used. He reported the matter to the police but the man was not charged with any offence. He decided to file a civil suit to recover the set.

In defence, Maitha told the court that he had been given a TV by a technician who had failed to repair his own which he had taken at the workshop in 2004.

Mr. Maitha said that the technician ordered Mr Kimami to give him a TV he had rent him whilst he was taking care of his faulty set.

However, the judge disagreed with the testimony noting that: "given the evidence on record, it is clear that the respondent is holding on a television which is not his."