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Justus Munyinyi Macharia t/a Gusii Proprietary Club v. Dakianga Distributors Limited

(2017) JELR 100406 (CA)

Court of Appeal  •  Civil Appeal 242 of 2014  •  10 Mar 2017  •  Kenya

Coram
Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

1. This is an appeal from a ruling and order of the High Court, (A. Mabeya, J.) given on 20th February 2014 in Nairobi HCCC No. 397 of 2012 allowing the respondent’s application to have that suit transferred to the High Court at Kisii for hearing and disposal.

Background

2. The dispute between the parties arises from a landlord/tenant relationship over premises known as Kisii Municipality/Block 3/107 (the premises) situated in Kisii.

3. Abigael Wanjiru Mbiri, deceased, occupied the premises as a tenant where she conducted the business of a hotel. She unsuccessfully challenged a notice issued to her by the respondent seeking to terminate her tenancy in the Business Premises Rent Tribunal (BPRT). During the pendency of proceedings, she was evicted from the premises. Somewhere along the way she died. Her legal representative, Justus Munyinyi Macharia, (the appellant) was substituted.

4. The appellant appealed the decision of the BPRT to the High Court at Nairobi in Civil…

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