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Shah & another v. Aggarwal & another

(1982) JELR 94061 (CA)

Court of Appeal  •  Civil Appeal 60 of 1981  •  12 Nov 1982  •  Kenya

Coram
Eric John Ewen Law, Chunilal Bhagwandas Madan, Kenneth D Potter

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(Coram: Madan, Law and Potter JJA )

CIVIL APPEAL NO 60 OF 1981

BETWEEN

SHAH and ANOTHER..........................................................APPELLANT

AND

AGGARWAL and ANOTHER...........................................RESPONDENT

JUDGMENT

The two respondents are the owners of a block of flats in Okoth Aura Road, Nairobi. The appellants were and according to them, still are, tenants of the respondents; the first appellant of flat No 1 and the second appellant of flat No 4. In 1980, the respondents brought separate actions against each of the appellants for possession of the premises, mesne profits, costs and interest; in both cases relying on a notice to quit dated January 30, 1980. The two actions were consolidated and the respondents applied for summary judgment under order XXXV rules 1 and 2. Summary judgment was given against the defendant in each case for possession and other relief, by Simpson J (as he then was). The appellants now appeal against thoseā€¦

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