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Nakumatt Holdings Limited & Atul Shah v. Ideal Locations Limited

(2019) JELR 98615 (CA)

Court of Appeal  •  Civil Appeal 27 of 2018  •  28 Nov 2019  •  Kenya

Coram
Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

JUDGEMENT OF THE COURT

1. The appellants are aggrieved by a ruling of the Environment and Land Court (ELC) at Mombasa (C. Yano, J.) delivered on 5th March 2018 allowing a summary judgment application by the respondent against them. By that ruling, the court: decreed that the appellants were in breach of a sub-lease agreement that had been entered into between the parties; authorized the respondent to exercise its right of forfeiture and peaceable re-entry into the leased premises; ordered the 1st appellant to immediately vacate the leased premises; an ordered the appellants to pay to the respondent an amount of Kshs.27,812,108.52 being outstanding rent, service charge and promotion fund as at 1st November 2017. The appellants were also condemned to pay the respondent’s costs of the suit.

2. The appellants have faulted the ELC for refusing to uphold their claim that the respondent’s suit before that court contravened Section 430 of the Insolvency Act, 2015; that the Judge disregarded the…

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