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Michael Chege v. Chatur Properties Ltd

(2019) JELR 99128 (CA)

Court of Appeal  •  Civil Appeal 300 of 2017  •  8 Mar 2019  •  Kenya

Coram
Hannah Magondi Okwengu, Fatuma sichale, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

This is an appeal against the ruling of Sitati, J. delivered on 11th May 2012. A brief background is that Michael Chege, the appellant herein filed an amended plaint dated 2nd September 1999. Sunrise Properties Ltd the respondent herein was named as the then defendant. In the amended plaint, the appellant averred that there existed a tenancy relationship between him and the respondent but that when he wanted to vacate the respondent’s premises, the latter detained his goods.

In an amended defence and counter claim dated 16th November 2001, the respondent denied having detained the appellant’s goods. Instead, the respondent averred that it was owed rent as well as other out goings. In the counter-claim, the respondent sought orders for unpaid rent of Ksh.84,700/- and other outgoings totaling to Ksh.5,620/- as well as interest and costs of the suit.

In a judgment rendered on 7th August 2002 by Murage, SRM, Milimani Commercial Court, the respondent’s counter claim was …

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