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Patrick Mukiri Kabundu v. Miliki Limited

(2016) JELR 95801 (CA)

Court of Appeal  •  Civil Application 35 of 2016 ( UR 26/2016)  •  30 Sep 2016  •  Kenya

Coram
Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti

Judgement

RULING OF THE COURT

Sometime in 2012, the applicant, Patrick Mukiri Kabundu, took over, as a going concern, a bar and restaurant business from a firm known as Seafront Entertainment Limited. The business was and still is located on subdivision No. 1432 of section 1 Mainland North (“the suit premises”) and was demised to Seafront Entertainment Ltd by Miliki Limited, the respondent. The lease period was for five (5) years and three (3) months with agreed monthly rent of Kshs.100,000/-. It appears the relationship between the landlord and the applicant was cordial up until the lapse of the first term of the lease in December 2012. Immediately thereafter, the applicant defaulted in payment of rent and in April, 2013, the respondent issued him with eviction notice and that is when their hitherto cordial relationship hit rough and turbulent waters.

The applicant however, being a protected tenant in terms of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act (“the Act”) so…

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