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Ramadhan Mohamed Ali v. Hashim Salim Ghanim

(2016) JELR 93953 (CA)

Court of Appeal  •  Civil Appeal 64 of 2015  •  22 Apr 2016  •  Kenya

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



This is a second appeal by Ramadhan Mohamed Ali (the appellant) against the original judgment of the Business Premises Rent Tribunal (the Tribunal) at Mombasa dated 15th February 2013. After the Tribunal upheld a notice of termination of tenancy served upon the appellant by Hashim Salim Ghanim (the respondent), it ordered him to vacate and hand over vacant possession of Plot No. 4740/VI/ Mombasa Mainlad (the suit property) to the respondent. Aggrieved by that decision, the appellant filed Civil Appeal No. 32 of 2013 in the High Court. On 10thJuly 2015 Emukule and Kasango, JJ. found the appeal bereft of merit and dismissed the same, provoking the present appeal.

The respondent contends that a decision of the Tribunal is appealable to the High Court and that there is no right of a second appeal to this Court from the decision of the High Court. Indeed, he submits, the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, cap 301 (the Act), expressly pr…

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