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Parmar v. Kebeiro

(1980) JELR 95025 (CA)

Court of Appeal  •  Civil Appeal 9 of 1980  •  28 Nov 1980  •  Kenya

Coram
Eric John Ewen Law, Cecil Henry Ethelwood Miller, Kenneth D Potter

Judgement

IN THE COURT OF APPEAL FOR EAST AFRICA

AT NAIROBI

( Coram: Law, Miller and Potter JJA )

CIVIL APPEAL NO. 9 OF 1980

BETWEEN

PARMAR..............................................................................APPELLANT

AND

KEBEIRO..............................................................................DEFENDANT

JUDGMENT

Law JA This appeal raises a single point, but one which is of great importance to landlords and tenants and to the legal profession. The question is whether the Rent Restriction Act (Cap 296) hereinafter referred to as (“the Act”) applies to dwelling houses erected after January 1, 1965. One would have thought that so basic a matter would be specifically dealt with in the Act itself, but it is not.

The appellants (“the landlords”) own a block of flats in Nairobi. The block was built in 1972. The respondent (“the tenant”) has occupied one flat in the block since February 1, 1975, and has regularly paid rent at the monthly rate of Kshs 700. This is evidenced by his rent book, i…

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