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Kapset Agencies Limited v. Sarjit Singh Choda

(1995) JELR 100246 (CA)

Court of Appeal  •  Civil Application 113 of 1995  •  31 May 1995  •  Kenya

Coram
Akilano Molade Akiwumi, Abdulrasul Ahmed Lakha, John Mwangi Gachuhi

Judgement

RULING OF THE COURT

This is an application under rule 5(2)(b) of the Court of Appeal Rules for a stay of execution pending an intended appeal.

By a plaint dated and filed on 3rd February, 1994, in the High Court of Nairobi, the plaintiff (now the respondent) sought possession of premises known as LR 209/4441(suit premises) which he had demised to the defendant (now the applicant) by a lease dated 9th December, 1988 duly registered in the lands titles registry as No LR/1539/16 on 22nd March, 1989 for a term of five years and three months commencing from 1st November, 1988 at a monthly rental of Kshs 35,000/-. The applicant went into possession and paid the agreed rent, but refused to deliver up suit premises and vacate the same on the expiry of the said term of five years and three months on 31st January, 1994. The respondent also claimed mesne profits and other reliefs. By its defence dated 6th April, 1994 the applicant pleaded, inter alia, that in or about October 1993 the respondent a…

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