judy.legal
Login Register

Rioki Estate Co (1970) Ltd v. Kinuthia Njoroge

(1977) JELR 96364 (CA)

Court of Appeal  •  Civil Appeal 9 of 1977  •  26 Jul 1977  •  Kenya

Coram
Abdulla Mustafa, Justin Saulo Musoke, Samuel William Wako Wambuzi

Judgement

IN THE COURT OF APPEAL FOR EAST AFRICA

AT NAIROBI

( Coram: Wambuzi P, Mustafa and Musoke JJ A )

CIVIL APPEAL NO. 9 OF 1977

BETWEEN

RIOKI ESTATE CO (1970) LTD................................................................APPELLANT

AND

KINUTHIA NJOROGE...........................................................................RESPONDENT

( Appeal from the Judgment of Chesoni J in the High Court dated 2nd March 1976 in Civil Case No 1200 of 1974 )

JUDGMENT

The appellant, a limited liability company, brought an action in the High Court against the respondent claiming vacant possession of a house on certain agricultural land and mesne profits. By an agreement between the parties entered into in April 1972, the appellant agreed to lease the house to the respondent at a monthly rental of Shs 800 “provided the [respondent] used the house for residential purposes only”. It was alleged in paragraph 5, 6 and 7 of the plaint as follows:

5. In breach of the said agreement the [respondent] used the said house …

There's more. Sign in to continue reading

JUDY is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login