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Chon Jeuk Suk Kim & Kim Jong Kyu v. E. J. Austin, N.E.Austin & Austin & Parners Limited

(2013) JELR 103209 (CA)

Court of Appeal  •  Civil Appeal 265 of 2010  •  7 Oct 2013  •  Kenya

Coram
Erastus Mwaniki Githinji, Milton Stephen Asike Makhandia, Agnes Kalekye Murgor

Judgement

IN THE COURT OF APPEAL

AT MOMBASA

(CORAM: GITHINJI, MAKHANDIA and MURGOR, JJ.A.)

CIVIL APPEAL NO. 265 OF 2010

BETWEEN

1. CHON JEUK SUK KIM

2. KIM JONG KYU.....................................................APPELLANTS

AND

1. E. J. AUSTIN

2. N. E. AUSTIN

3. AUSTIN and PARNERS LIMITED ...........................RESPONDENTS

(Appeal from the judgment of the High Court of Kenya at Mombasa (Khaminwa, J.) dated 19th October, 2006

in

H.C.C.A. No. 335 of 2001)

**************

JUDMENT OF THE COURT

This is an appeal from the judgment and decree of the High Court (J. Khaminwa, J.) whereby judgment was entered for the respondents against the appellants for Kshs.7,200,466/40 less Kshs.480,000/= plus interest and costs. The judgment sum comprised of Kshs.952,500/= being rent arrears and Kshs.6,247,958/40 being the costs of repairs and renovation of allegedly demised premises.

The 1st and 2nd respondents are husband and a wife. They are the registered proprietors of land parcel No. Mombasa/Block XXI/Parcel/216 as join…

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