HANNAH WANJIRU WANGANGA V. BERCO AUTO SPARES LTD

JUDGMENT OF THE COURT

This is an interlocutory appeal. Hannah Wanjiru Wanganga, the appellant, is named defendant in Nairobi High Court Civil Case No. 1676 of 2000, in which, Berco Auto Spares Limited, the respondent, is the plaintiff. Two prayers are sought in the plaint. First, that an order be made compelling the parties to the suit to submit to arbitration an alleged dispute between them over rent. Second, that pending the outcome of the arbitral proceedings, an order be made compelling the appellant to accept Kshs.15,000/= per month as rent for her premises which she had let to the respondent way back on 19th October, 1995.

The appellant, as owner of premises known as Plot No. 209/136/53, let out a shop on the property to the respondent on 19th October, 1995, for a term of 5 years and two months, at an agreed rent of Kshs.10,000/= per month, with an option to renew the tenancy for a like term but for an amount of rent which would be agreed upon between the parties. The renewal clau…