JUDGMENT
This is an appeal from a ruling of the late Mr Justice Brar of November 26, 1981 in which he gave judgment for Jagdish Singh against Pan Africa Builders and Contractors Limited (Pan Africa) and Kantibhai Maganbhai Patel (Patel) for:
1. Possession of a house, outhouse and grounds on plot LR 205/49, Riverside Drive, Nairobi and their ejectment from those premises;
2. Kshs 75,000 arrears of rent;
3. Mesne profits at the rate of Kshs 5,000 a month from July 1, 1981 until delivery up of possession;
4. Interest at court rates on Jagdish Singh’s claim for arrears of rent and on the mesne profits from the date he filed his plaint, which was July 24, 1981, until payment; and
5. Costs with interest until payment.
He gave them until the end of November 1982 (four days) to hand over vacant possession.
The ruling was given in response to a motion on notice filed by Jagdish Singh on August 29, 1981 expressed to be brought under order XXXV rules 1 and 2 of the Civil Procedure Rules in which he aske…