Login Register

Dhirajlal J. Shah & Rajesh J. Shah (as administrator of the Estate of Juthalal Virpar Shah) v. Vijay Amritlal Shethia

(2018) JELR 102729 (CA)

Court of Appeal  •  Civil Appeal 218 of 2015  •  16 Feb 2018  •  Kenya

Roselyn Naliaka Nambuye, Patrick Omwenga Kiage, Kathurima M'inoti



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…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login