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Ramaben Ramniklal Patani, Ashit Ramniklal Patani & Selina Ramnikal Patani v. Garden Chambers Ltd

(2017) JELR 94330 (CA)

Court of Appeal  •  Civil Appeal 257 of 2013  •  22 Sep 2017  •  Kenya

Coram
Milton Stephen Asike Makhandia, William Ouko, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

The respondent “Garden Chambers Ltd” instituted the suit leading to this appeal in the High Court, Nairobi against the appellants jointly and severally. According to its plaint, it is a management company engaged in the managing of a property known as Garden Chambers situate on LR No. 209/4355 and LR No. 209/2632 on Moktar Daddah Street within Nairobi city, “the suit property”. The management entailed collection of rent from the tenants on the suit property and paying salaries and all outgoings including taxes and rates to various authorities. The respondent accused the appellants of unlawfully collecting rent from the suit property’s tenants estimated at Kshs. 10 million as at the date of filing suit on 26th November 2009. The respondent claimed that the appellants had collected rent from the tenants under the pretext that they were its directors when they were not and or were beneficiaries of the estate of the late Ramniklal v. Patani “Patani” who had been its d…

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