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Nathookhan v. Chairman Mombasa Town Planning Authority

(1930) JELR 106859 (SC)

Supreme Court  •  Civil Case 116 of 1930  •  1 Jan 1930  •  Kenya

Coram
Thomas J

Judgement

REPUBLIC OF KENYA

IN THE SUPREME COURT OF KENYA

AT MOMBASA

(Supreme Court, Kenya Colony and Protectorate 1930)

CIVIL CASE NO 116 OF 1930 (MSA)

NATHOOKHAN...............................................................APPELANT

VERSUS

CHAIRMAN MOMBASA TOWN PLANNING AUTHORITY...RESPONDENT

JUDGMENT

Thomas J delivered the following Judgment.

This matter comes before the Court by way of a case stated between the parties under o XXXII, r 1 of the Civil Procedure Rules 1927. The case sets out the following facts:

1. The plaintiff is the owner of a house No 2186 situated on plot, formally known as No 67 section 11, on the island of Mombasa on land formally belonging to the late Liwali Saif Bin Salim, and the plaintiff occupied the land on which this house was built as a monthly tenant subject to a month’s notice on either side.

2. According to the custom among Mohammedans if before the scheme notice to quit had been given by his landlord, the plaintiff would have been entitled to remove his house but was n…

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