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Kenya Commercial Bank Limited v. Popatlal Madhavji & Brothers Limited

(2019) JELR 100082 (CA)

Court of Appeal  •  Civil Appeal 215 of 2013  •  22 Mar 2019  •  Kenya

Coram
Milton Stephen Asike Makhandia, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

The appellant, Kenya Commercial Bank Limited, a tenant of the respondent, Popatlal Madhavji and Brothers Limited was aggrieved by the judgment of the High Court, (Kimaru, J) which determined that the appellant was wrong in terminating its lease agreement with the respondent, in ordering the appellant to pay rent, escalation of rent and service charge at the rate of 15% per annum for the entire period of the draft lease, and to pay the restoration costs for reconversion of the suit premises from a banking hall, back to its original state of shops and stores.

The respondent is the registered proprietor of the property known as Land Reference No. 209/2527/1, comprising a building called Mombasa House (the building) situated at the intersection of Monrovia Street and Muindi Mbingu Street in the Central Business district of Nairobi. In 1977, the appellant entered into a lease agreement with Narmanda Govindji Popatlal Raithatha, Virendra Govindji Popatlal Raithatha, Maheā€¦

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