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(1982) JELR 94853 (CA)

Court of Appeal  •  Civil Appeal 5 of 1982  •  24 Sep 1982  •  Kenya

Alister Arthur Kneller, Chunilal Bhagwandas Madan, Kenneth D Potter



Madan JA This litigation began with the respondents’ application made to the Nairobi Rent Tribunal established under the Rent Restrictions Act (cap 296), for assessment of the standard rent of residential premises situated in Nairobi which the appellant occupied as the respondents’ tenant at Kshs 800 per month. On July 21, 1980 the tribunal assessed the standard rent of the premises at Kshs 1,010 p m.

By notice in writing dated August 1, 1980 the respondents terminated the appellant’s monthly tenancy and required him to vacate the premises on August 31, 1980. The notice was sent to the appellant by ordinary post without a certificate of posting at his postal box address number 72914, Nairobi. The appellant having failed to vacate the respondents filed a suit in the High Court for his ejectment from the premises. The appellant filed his defence containing averments, inter alia that his tenancy had never been terminated, the Act applied to the premises and the suit was improperly…

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