RASHID KALUMA OKEDI & JOSEPH K. NDUNG'U V. SHAMSHAD AHMED YAKUB & FRARHAN MOHAMMED YUSUF

JUDGMENT OF THE COURT

[1] On 20^th July, 2016, the Environment and Land Court (Obaga J), dismissed a notice of motion that had been lodged by Rashid Kaluma Okedi and Joseph K. Ndung’u who are now the appellants before us. By the notice of motion, the appellants had sought to have an exparte judgment which had been entered against them together with all consequential orders set aside.

[2] The circumstances leading to the litigation were, that the respondents who were the owners of property known as Kitale Municipality Block 6/39 (suit premises), were landlords of the appellants in the suit premises. The respondents served the appellants with notices to terminate their tenancy under section 4(2) of the Landlord and Tenant (Shops, Hotels and Catering Establishment) Act (Cap 301) (herein referred to as Landlord and Tenant Act). The appellants did not file any response to the notices prompting the respondents to file a suit in the High Court for an order of eviction against the appellants.

[3]…