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Narshidas & Company Limited v. Nyali Air Conditioning and Refrigeration Services Limited

(1996) JELR 98593 (CA)

Court of Appeal  •  Civil Appeal 205 of 1995  •  9 May 1996  •  Kenya

Coram
Johnson Evan Gicheru, Amrittal Bhagwanji Shah, Richard Otieno Kwach

Judgement

JUDGMENT OF THE COURT

Although fifteen (15) grounds of appeal have been raised in this appeal, the appeal revolves around two fundamental issues which are:

1. Was the superior court (Wambiliangah J.) right In proceeding to strike out the appellant's (plaintiff's) suit when there was, before him, no such application filed by the respondent (the defendant)?

2. Was the superior court right in holding that it had no jurisdiction to deal with the issues raised As the tenancy in question was one within the ambit Of the Landlord and Tenant (Shops, Hotels and Catering Establishment) Act, Cap 301 (the Act), Laws of Kenya, especially when the plaintiff was Seeking the protection of the superior court against unlawful eviction in the face of a notice to quit which was not in the statutory from as mandated by section 4(1) of the Act?

It was stated by this court quite clearly in the case of Manaver N. Alibhai t/a Diani Boutique v. South Coast Fitness and Sports Centre Limited, Civil Appeal No. 203 of …

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