<p class="ql-align-center"><strong><u>RULING OF THE COURT</u></strong></p><p>The respondent/appellant in this Notice of Motion <em>Joseph Njuguna Nga’e</em> sued the applicant/respondent <em>Panalpina East Africa Limited</em> by way of plaint dated 11^th December, 1997 in which he sought judgment against applicant/respondent for Ksh.250,000, interest at Court rates, and costs of the suit on the alleged grounds that the applicant/respondent was in breach of the tenancy agreement entered into between the respondent/applicant and the applicant/respondent. The applicant/respondent denied the allegations in its defence dated 23^rd September 1998. That suit was in the Chief Magistrates Court at Nairobi. The respondent/appellant made an application before the same court which was partly allowed and partly refused and the applicant/respondent appealed against the same decision in the superior court. Waki J. (as he then was) allowed the appeal and ordered that the orders made by the subordinate court be set aside and defence be accepted on record. The respondent/appella…</p>