JOHN NJOROGE MICHUKI V. KENYA SHELL LIMITED

RULING OF THE COURT

The applicant, Mr. John Njoroge Michuki, is the landlord of all that piece of parcel or land known as title number Loc.12/SUB-LOC. 1/1230/6 situated in Murang'a registration district. This title is leasehold, that is, he holds the said parcel of land (hereinafter referred to as "suit premises") for a term of 99 years from 1st day of January, 1972 from the County Council of Murang'a.

By a sub-lease dated 31st day of August, 1988, the applicant leased to Kenya Shell Limited, the respondent, the suit premises for a term of 10 years from the 1st day of August, 1987 at an annual rent of Shs.60,000/=. The said sublease expired by effluxion of time on 31st day of July, 1997.

The respondent had, with the consent of the applicant, sublet the suit premises to Kangema Petrol station Limited, a limited liability company in which the applicant is a director.

One of the terms of the said sub-lease was that the respondent, as tenant, was permitted to make such additions alterations o…