MUNAVER N ALIBHAI T/A DIANI BOUTIQUE V. SOUTH COAST FITNESS & SPORTS CENTRE LIMITED

IN THE COURT OF APPEAL

AT MOMBASA

(Coram: Gachuhi, Kwach and Omolo JJ A )

CIVIL APPEAL NO 203 OF 1994

BETWEEN

MUNAVER N ALIBHAI T/A

DIANI BOUTIQUE.................................................APPELLANT

AND

SOUTH COAST FITNESS and SPORTS

CENTRE LIMITED ...........................................RESPONDENT

(Appeal from the judgment of the High Court of Kenya at Mombasa (Justice Wambilyangah) dated 21^st September, 1993 in HCC Appeal No 111 of 1992)

JUDGMENT

This is a second appeal from a decision of the Resident Magistrate, Mombasa giving vacant possession of the suit premises to the respondent.

The appellant appealed to the superior court against that decision and its appeal was dismissed, giving rise to the present appeal. There is a concurrent finding by the magistrate and the judge that the appellant was a protected tenant with a controlled tenancy under the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act (Cap 301). The respondent served a notice on the appellant purporting…