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Premchand Nathu & Co Ltd & 4 others v. Kariuki

(1990) JELR 94106 (CA)

Court of Appeal  •  Civil Appeal 33 of 1990  •  13 Jul 1990  •  Kenya

Coram
Johnson Evan Gicheru, Abdul Majid Cockar, John Mwangi Gachuhi

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: GACHUHI, GICHERU and COCKAR JJA)

CIVIL APPEAL NO 33 OF 1990

PREMCHAND NATHU and CO LTD and 4 OTHERS................ APPELLANT

VERSUS

KARIUKI.................................................................. RESPONDENT

JUDGMENT

Following a determination made by the Business Premises Rent Tribunal on 6.6.89 at Nairobi an appeal was filed in the High Court under section 15(2) of the Landlord and Tenants (Shops, Hotels and Catering Establishments) Act, cap 301, which in accordance with the procedure prescribed in the Civil Procedure Act and more particularly under section 79B thereof, was perused by Dugdale, J on 7.8.89. He dismissed it after he had considered that there was no sufficient ground for interfering with the determination of the Tribunal.

About 3 weeks earlier the respondent’s advocates had taken out chamber summons dated 20.7.89 under order 41 for the following specific orders:

1. For consolidation of the appeal with other appeals,

2. For hearin…

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