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JOHN MWANGI MUHIA & 2 OTHERS V. JUSTUS GITUMA T/A DONA SNACKS & ANOTHER

(2014) JELR 104282 (CA)

Court of Appeal  •  Civil Appeal 336 of 2013  •  18 Jul 2014  •  Kenya

Coram
Roselyn Naliaka Nambuye, Patrick Omwenga Kiage, Stephen Gatembu Kairu

Judgement
<p class="ql-align-center">JUDGMENT OF THE COURT</p><p class="ql-align-justify">1. The subject matter of the litigation culminating in this Judgment is a property known as LR. No. 209/4490/Rahu House situate on Mfang’ano Street Nairobi. The litigation has its origin in Business Premises Rent Tribunal case No. 806 of 2011 Nairobi. The first application was between Bronx Estates Limited as the applicant/tenant and Kenya Railways and Allied Workers Union as the Respondent/landlord giving rise to the orders madeon the 25th day of November, 2011 by <em>Muchache D. </em>Chairperson of Tribunal to the effect that:-</p><p class="ql-align-justify">“(<em>2) The Landlord either by itself, its servants and/or agent, employees and/or representatives be and is hereby restrained from unlawfully evicting, harassing, intimidating, interfering in any way in whatsoever manner with the tenants guiet and lawful occupation of L.R. No.</em></p><p class="ql-align-justify"><em>209/4490/Rahu House Ground Floor Mfangano street- Nairobi pending hearing of the complaint on 17th February,2012.</em></p><p class="ql-align-justify"><em>(3) O.C.P.D. Central Police Station to ensure that peace prevail…</em></p>

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