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(1985) JELR 94095 (CA)

Court of Appeal  •  civ app 68 of 83  •  25 Apr 1985  •  Kenya

Zakayo Richard Chesoni, James Onyiego Nyarangi, Alan Robin Winston Hancox


Sapra Studio v. Kenya National Properties Limited

Court of Appeal, at Nairobi April 25, 1985

Hancox, Nyarangi JJA and Chesoni Ag JA

Civil Appeal No 68 of 1983

(Appeal from the High Court at Nairobi, Brar J, High Court Civil Case No 539 of 1980)

April 25, 1985, Hancox JA delivered the following Judgment.

On February 1, 1961, a company known as Mutos Limited leased shop and office accommodation on the ground and first floors respectively of Mutos Building at LR 209/612, Kimathi Street, Nairobi (the premises) to the Kenya Cold Storage Company Limited for a term of fifteen years to expire on November 7, 1975. In 1965 the unexpired portion of this lease was assigned to the Kenya Cold Storage Company (1964) Ltd by an assignment in which Mutos Limited joined as a party. In 1973 the premises were acquired, presumably purchased, by Kenya National properties Ltd, who were the defendants in the action before Brar J, and are the respondents to this appeal from his decision.

The respondents had acquired …

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