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Dorris Morgan v. F.Stubenitsky

(1977) JELR 102656 (CA)

Court of Appeal  •  Civil Appeal 30 of 1977  •  10 Nov 1977  •  Kenya

Coram
Eric John Ewen Law, Sir James Wicks, Samuel William Wako Wambuzi

Judgement

IN THE COURT OF APPEAL FOR EAST AFRICA

AT NAIROBI

( Coram: Sir James Wicks CJ, Wambuzi and Law JJ A )

CIVIL APPEAL NO. 30 OF 1977

BETWEEN

DORIS MORGAN......................................................................APPELLANT

AND

F.STUBENITSKY....................................................................RESPONDENT

( Appeal against the Decision of Kneller J in the High Court Nairobi on 13th January 1977 Civil Case No 282 of 1975 )

JUDGMENT

The appellants, who are husband and wife, are the joint owners of a house in Nairobi, which they wanted to let. Accordingly, they placed an advertisement in a local newspaper on 22nd May 1974, in the following terms:

Riverside Drive pleasant executive house furnished three bedrooms, two bathrooms, one en suite, established flat, garden. Lovely trees. Immediate possession £175 to approved tenant. Voucher EAS/ 2852.

To this advertisement the respondent replied, on notepaper headed “World Bank. International Bank for Reconstruction and Development. Intern…

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