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SAPRA STUDIO V. KENYA NATIONAL PROPERTIES LTD

(1985) JELR 96859 (CA)

Court of Appeal  •  Civil Appeal 68 of 1983  •  25 Apr 1985  •  Kenya

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

Judgement
<p class="ql-align-justify">JUDGMENT</p><p class="ql-align-justify">April 25, 1985, Hancox JA delivered the following Judgment.</p><p class="ql-align-justify">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.</p><p class="ql-align-justify">The respondents had acquired the premises subject to the remainder of the lease to Kenya Cold Storage (1964) Ltd; and they had in turn subleased part of them to Sapra Studio, the appellants in this appeal, for a term of five years which was also due to expire o…</p>

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