JUDGMENT OF THE COURT
This is an appeal from a ruling of the High Court (L. Gacheru, J.) dated the 17th day of July, 2015.
The background to the appeal is that, the appellants are the administrators of the estate of Juthalal Virpar Shah (the deceased), who was the proprietor of LR. No. 209/138/12 Nairobi Shop. No.1, (the suit property), verbally leased to the respondent for over a period of twenty years.
The appellants in their capacity as such, issued the respondent with a notice of termination of tenancy dated the 31st day of October, 2013, effective 1st January, 2014 (the termination notice), which according to the appellants was never resisted by the respondent and therefore crystallized their rights to vacant possession of the suit property, on the effective date. Accordingly to them, the respondent ought to have voluntarily vacated the suit premises on or before the effective date of 1st January, 2014. He failed to do so, prompting them to take out an originating summons (OS) again…