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

RULING OF THE COURT

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 1^st November 1998; the applicants took possession and the tenancy was to expire on 31^st 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 30^th 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 1^st November 2004 until vacant possession is h…