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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

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 the respondent had a reversion on the sub-lease. Had the sub-lease miriously ended with the head lease, then it would have been invalid.

Thus the initial terms demised were:-

Rumwe Co-operative Society (Head lease) 1st March 1958 to 28th February 2057.

Kanau Mucuha: 1st January, 1988 to 30th June, 1993.

Ripples Ltd: 1st February, 1988 to 29th June, 1993.

Howev…

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