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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

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 summary judgments and ask for unconditional leave to defend the actions. Each flat was let to one of the appellants on January 1, 1965 on a monthly tenancy at a rent of Kshs 500 per month. Under the Rent Restriction Act (cap 296) (hereinafter referred to as …

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