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Kasturi Limited v. Nyeri Wholesalers Limited

(2014) JELR 100215 (CA)

Court of Appeal  •  Civil Appeal 248 of 2012  •  30 Jul 2014  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek

Judgement

JUDGMENT OF THE COURT

On or about 2nd April, 2004, the appellant entered into a lease agreement to rent part of the respondent’s premises known as Nyeri Municipality/Block III/66, to operate as a shop and residence. Two other lease agreements for the same space and bearing the same date of 2nd April, 2004, were executed by the parties albeit with different sums indicated as monthly rental sum. In each of these lease agreements, the tenancy was to expire on 15th April, 2009. The appellant took possession of the demised premises and claims that two of lease agreements were a forgery. Prior to expiry of the lease, the respondent gave a notice in writing that the lease shall not be renewed.

By a plaint dated 3rd July, 2009, the appellant sought a declaration that the notice to vacate dated 19th January, 2009, issued by the respondent be deemed to be of no effect. The respondent filed a defence and counterclaim to the suit.

The gist of the respondent’s defence is that the lease granted to the…

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