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(1988) JELR 99832 (CA)

Court of Appeal  •  Civil Appeal 38 of 1986  •  29 Sep 1988  •  Kenya

Joseph Raymond Otieno Masime, John Mwangi Gachuhi, Harold Grant Platt



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…

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