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 those…