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Keren Buaron v. Sony Holdings Limited,Nakumatt Holdings Limited & Knight Frank Limited

(2017) JELR 99877 (CA)

Court of Appeal  •  Civil Appeal 131 of 2016  •  29 Sep 2017  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

JUDGMENT OF THE COURT

1. This Appeal by Keren Buaron arises from a High Court decision made in Nairobi High Court Civil Case No. 16 of 2009 where she alleged that she was forcefully evicted from a shop, Unit G 8 at the Westgate Shopping Mall in Nairobi as a result of which she filed the case against Sony Holdings, the 1st Respondent, Nakumatt Holdings the 2nd Respondent and Knight Frank the 3rd Respondent.

2. The Appeal is taken from a judgment delivered on 3rd April, 2016 by Hon Justice Sergon setting aside the Deputy Registrar’s ruling and order delivered on 14th April, 2015, upholding the preliminary objection dated 17th April, 2014 and dismissing the Plaintiff’s application dated 26th March, 2013 with costs. In support of her appeal, the appellant assigns six alleged errors as having been committed by the trial court in its decision in that the judge erred in:

i. Allowing the Respondent’s Appeal on the ground that the Appellant’s Notice of Motion dated 26th March, 2014 brought under …

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