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Nathan Muhatia Pala T/A Muhatia Pala Auctioneers & Johnson Mugwe Ng'ang'a v. Joseph Nyaga Karingi

(2014) JELR 98585 (CA)

Court of Appeal  •  Civil Appeal (Application) 4 of 2011  •  21 Jan 2014  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek

Judgement

RULING OF THE COURT

Before us is an application dated 18th July, 2013 brought pursuant to Rules 83 and 87 (1) (j) of the Court of Appeal Rules (the Rules), wherein the respondent seeks the following orders:-

  • The appeal dated 4th January, 2011 be dismissed with costs to the respondent.
  • The costs of the application be provided for.

The grounds upon which the respondent relies on in support of the application are firstly that the 1st appellant has not filed or served the requisite Notice of Appeal; secondly, that the appeal filed by the 2nd appellant is incurably defective because it does not conform with the Notice of Appeal lodged before this Court.

The genesis of the application before us is that the respondent was tenant in a business premises situated on Plot No. 112/78 in Embu town. When the business premises was purchased by the 2nd appellant in the year 2003 the respondent continued being a tenant. The respondent was a protected tenant under the Landlord and Tenant (Shops and Hotels…

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