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Nakumatt Holdings Limited & Atul Shah v. Ideal Locations Limited

(2018) JELR 98616 (CA)

Court of Appeal  •  Civil Appeal (Application) 27 of 2018  •  8 Nov 2018  •  Kenya

Coram
Martha Karambu Koome, Wanjiru Karanja, James Otieno Odek

Judgement

RULING OF THE COURT

1. At all material times in this matter, the 1st appellant company Nakumatt Holdings Limited had been and is the tenant of the Respondent company Ideal Locations Limited. The 2nd appellant Atul Shah is the Managing Director of the 1st appellant company.

2. By a ruling made on 5th March 2018, the trial judge (C. Yano, J.) in Mombasa ELC Case No. 400 of 2017 issued an order directed at the 1st appellant company to immediately vacate the premises owned by respondent situate on the building known as “City Mall” erected on Land Reference No. 14407 and 16088 Section 1, Mainland North Mombasa Municipality (C.R. 42055) and (C.R. 46440). The Judge issued a further order granting the court’s approval to the respondent company to exercise its right of forfeiture and peaceable re-entry into the premises occupied by the 1st appellant in all that building known as City Mall in Mombasa Municipality.

3. Aggrieved by the said ruling and orders, the appellants filed a Notice of Appeal …

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