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Kamau Mucuha v. Ripples Ltd

(1993) JELR 100277 (CA)

Court of Appeal  •  Civil Application 186 of 1992  •  10 Mar 1993  •  Kenya

Coram
Richard Otieno Kwach, Abdul Majid Cockar, Alan Robin Winston Hancox

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(Coram: Hancox CJ, Kwach and Cockar JJ A)

CIVIL APPLICATION NO NAI 186 OF 1992 (NAI 77/92UR)

KAMAU MUCUHA ....................... APPLICANT

VERSUS

RIPPLES LTD..............................DEFENDANT

(Intended appeal from the Ruling of the High Court of Kenya at Nairobi (Mwera, J) dated 17th September, 1992 in HCCC No 4522 of 1992)

RULING

Hancox CJ. Rumwe Farmers Co-operative Society is the registered proprietor as lessee from the Government of Kenya of the land and building situated at LR 209/4985 Mfangano Street Nairobi for a term of 99 years from 1st March, 1958. On the ground floor of that building there exists a shop known as Shop No 1 which was let to the applicant, the defendant in the High Court, Kamau Mucuha, for 51/2 years commencing on 1st January, 1988. A month later the applicant sub-leased the shop for 5 years and 5 months less one day, to the respondent, the plaintiff, in the High Court, the one day exception being for the purpose of ensuring that…

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