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Equip Agencies Limited, Intertractror Company Limited, Papermart (E.A.) Limited, Coftea Machinery Services Limited, Intermart Manufacturers Limited, Kipkelion Corner Limited & Unicorn Limited v. Phoenix Properties Limited

(2019) JELR 102419 (CA)

Court of Appeal  •  Civil Application 332 of 2018 (Ur 269 of 2018)  •  25 Jan 2019  •  Kenya

Daniel Kiio Musinga, Mohammed Abdullahi Warsame, James Otieno Odek



1. The respondent, Phoenix Properties Limited, is the registered proprietor of Nairobi LR No. 209/9722 (hereinafter referred to as the suit property). The respondent leased the suit property to the applicants for a term of six years from 1st November 1998; the applicants took possession and the tenancy was to expire on 31st October 2004.

2. In 2005, the respondent filed a suit seeking vacant possession of the demised property and eviction on the ground that the applicants had failed to pay rent arrears then outstanding at Ksh. 23,699,000/= plus interest thereon together with mesne profits of Ksh. 900, 000/= per month.

3. Upon hearing the parties, the trial court in a judgment dated 30th August 2018 granted an order for vacant possession and eviction of the applicants. An order was also issued for the applicants to pay Ksh, 23,699,000/= plus interest thereon at court rates and mesne profits of Ksh. 900,000/= per month from 1st November 2004 until vacant possession is h…

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