RICCATTI BUSINESS COLLEGE OF EAST AFRICA LIMITED V. KYANZAVI FARMERS COMPANY LIMITED

JUDGMENT OF THE COURT

The suit at the High Court of Kenya at Nairobi was instituted by the appellant, Riccatti Business College of East Africa Limited, against the respondent Kyanzavi Farmers Company Limited, by a plaint where it was averred that the respondent, as owner of a building in Nairobi called Agriculture House, had leased to the appellant two office spaces measuring 2540 square feet and 2013 square feet for a term of 11 years each at varying annual rents. It was further averred in the plaint that the said leases commenced on 1^st February, 2010 and that rent had been paid on time but that on 14^th July, 2010 the respondent, through its agent, had levied distress against the appellant to recover rent arrears which the appellant denied owing to the respondent. It was therefore prayed that the said distress be declared unlawful and that an injunction do issue against the respondent restraining it from proceeding with the said distress and damages be awarded for wrongful and irregu…