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NEW OCEAN TRANSPORT LIMITED & LESK INVESTMENTS LIMITED V. ANWAR MOHAMED BAYUSUF LIMITED

(2014) JELR 98464 (CA)

Court of Appeal  •  Civil Application 16 of 2014  •  16 Oct 2014  •  Kenya

Coram
Hannah Magondi Okwengu, Milton Stephen Asike Makhandia, Fatuma sichale

Judgement

RULING OF THE COURT

New Ocean Transport Company Limited and Lesk Investments Limited ā€œthe applicantsā€ entered the property known as Plot No.194/VI/MN, ā€œthe suit premisesā€ then registered in the Erstwhile owner, M.A. Bayusuf Limited through a 5 year 3 months lease. When it expired M.A. Bayusuf Limited granted them an extension of the lease for a further two years from 1st February, 2003. The two years extension came to an end by effluxion of time on 1st February, 2005. However the applicants continued to hold over. On 9th May 2007, the suit premises were sold, transferred and registered in the name of Anwar Mohamed Bayusuf Limited, ā€˜the respondentā€ by M.A. Bayusuf Limited. Subsequent thereto on 1st August 2007, the respondent issued to the applicants Notice of termination of tenancy pursuant to the provisions of the Landlord and Tenant (Shops, Hotels and catering Establishments) Act to take effect from 1st November, 2007. The applicants contested the notice and filed a reference as requ…

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