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Kimakia Co-operative Society v. Green Hotel

(1988) JELR 99832 (CA)

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

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

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(Coram: Platt, Gachuhi and Masime JJA)

CIVIL APPEAL NO 38 OF 1986

Between

KIMAKIA CO-OPERATIVE SOCIETY ........................APPELLANT

AND

GREEN HOTEL.........................................................RESPONDENT

(Appeal from the judgment of the High Court at Nairobi, Porter J)

JUDGMENT

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 Sim…

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