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DAVID THIONG'O T/A WELCOME GENERAL STORES v. DAVID THIONG'O T/A WELCOME GENERAL STORES

(2007) JELR 102980 (CA)

Court of Appeal  •  Civil Appli 47 of 2007  •  30 Mar 2007  •  Kenya

Coram
Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, Erastus Mwaniki Githinji

Judgement

RULING OF THE COURT

This is an application under Rule 5 (2) (b) of the Court of Appeal Rules (Rules) for an order that:

“...... the execution of the ruling and order of Hon. Mr. El Kindy delivered on 15th November, 2005 be stayed pending the lodging, hearing and determination of the intended appeal against the ruling and order of Hon. Mr. Justice Visram delivered on 28th February, 2007”.

The applicant has been a tenant of the respondent on L.R. No. 209/2648 Muindi Mbingu Street, Nairobi.

In or about 2004 the respondent sued the applicant in the Principal Magistrate’s Court at Milimani Commercial Courts, Nairobi – Civil Suit No. 12611 of 2004 for vacant possession on the ground that the applicant had neither complied with the notice to terminate the tenancy nor filed a reference in the Business Premises Rent Tribunal. The respondent filed a Defence and subsequently filed an application for summary judgment which was heard by El Kindy, Ag. Senior Principal Magistrate, and allowed in a terse…

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