ERIC ADOME & DAVID ADOME V. PAULINE KASUMBA OSEBE & JOYCE MARIACHANA
(2014) JELR 104340 (CA)
Court of Appeal
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Civil Appeal 185 of 2011
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18 Jul 2014
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Kenya
Coram
John walter Onyango Otieno, Festus Azangalala, Sankale ole Kantai
Judgement
<p class="ql-align-center">JUDGMENT OF THE COURT</p><p class="ql-align-justify">The first appellant in this appeal <em>Erick Adome</em> is the owner of plot No. 135 within Busia Municipality, vide lease agreement dated 31st July, 1997, signed by him on the one hand as the Lessor, and the second respondent herein <em>Joyce Mariachana</em> on the other hand as the Lessee. He leased the same premises to the same Joyce Mariachana on terms spelt out in that agreement. As there is no dispute upon the same terms, we find it unnecessary to cite the same terms in this judgment. Joyce got the first respondent in this appeal, <em>Pauline Kasumba Osebe</em> who was referred to in the proceedings, as her sister to carry out the business in the same premises. Joyce described her as her agent in the same business although the first appellant felt Joyce had illegally assigned business to her. The facts as found by the trial court and which have not been challenged were that she was an agent of Joyce and Joyce remained the tenant of <em>Erick</em>. On 20th October, 2003, Erick broke into the su…</p>