September 29, 1988, Platt JA delivered the following Judgment.
The appellant Society has appealed against the orders and decision of High Court, which were as follows:-
1. (a) On the plaint brought by the Society, the claim for damages was dismissed;
(b) The order in 1978 of the Business Premises Rent Tribunal, that the Society pay Kshs. 20,000 as damages to the respondent was declared null and void; and the sum of Kshs. 20,000 was to be paid into the High Court, and thereafter to be paid over to the defendant/respondent Green Hotel;
(c)The order of the Tribunal dated October 5, 1976 which purported to give possession to the tenant/ respondent was declared null, following Simpson and Chesoni JJ in Misc/Civil Case No 336 of 1978. In the matter of an application of Hetulla Properties Ltd and in the matter of a complaint by Electro Service Equipment Ltd and the Business Premises Rent Tribunal; and
(d) As a result of these declarations the order of the resident magistrate, Kitale on ex…