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Mega Garment Limited v. Mistry Jadva Parbat & Co. (Epz) Limited

(2016) JELR 99158 (CA)

Court of Appeal  •  Civil Appeal 68 of 2015  •  26 Feb 2016  •  Kenya

Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti



It is not in dispute that the appellant and the respondent entered into an agreement for lease, so called because it was not registered as required by Section 107 of the Transfer of Property Act (repealed). The respondent is the registered owner of that parcel of land known as L.R No. 655 Section V, Mainland North Mombasa (“the suit property”) within the Export Processing Zone (EPZ) while the appellant carries on the business of manufacturing garments for export in the suit property.

By a letter dated 28th January, 2011, the respondent terminated the tenancy with effect from 1st April, 2011. Before the matter giving rise to this appeal was filed, the parties had been to the Business premises Rent Tribunal and also before the High Court with a judicial review application. Those proceedings are not relevant to the matter before us, save only to observe that on 17th June, 2011 the Chairperson of the Business Premises Rent Tribunal overruled the notice of preliminary o…

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