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ABUBAKAR A.H. MOHAMED V. AHMED MOHAMMED AL MOODY & 2 OTHERS

(2010) JELR 105700 (CA)

Court of Appeal  •  Civil Appeal 209 of 2009  •  12 Mar 2010  •  Kenya

Coram
Riaga Samuel Cornelius Omolo JA Samuel Elikana Ondari Bosire JA Daniel Kennedy Sultani Aganyanya JA

Judgement

JUDGMENT OF THE COURT

Abubakar A.H. Mohamed, the appellant herein, used to be a tenant of Ahmed Mohamed Al Moody, the 1st respondent herein, in premises known as Plot Number 1496 Malindi at a monthly rent of Kshs.3000/- According to the appellant, sometime in 1996, his then lawyer, Mr. J.A. Magolo, advised him not to pay rent to the 1st respondent; it is not necessary for us to relate the circumstances leading to that advice except to say that if the advice was in fact given by a lawyer, it was clearly an unfortunate one. According to the appellant, after the advice was given, he stopped paying rent and by 17th September, 1996, rent outstanding was K.shs.21,000/-. If the monthly rent was Kshs.3,000/- as the appellant said it was, then the appellant had not paid rent to the 1st respondent for some seven months. But from the record before us, it appears the 1st respondent was saying the rent outstanding from the appellant was Ksh.50,000/-.

So in order to recover the outstanding rent, on …

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