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JUDGMENT
This appeal arises from the judgment and decree delivered by Anyara Emukule, J. in Nakuru High Court Civil Case Number 277 of 2009 dated 12th April 2013. The judgment and decree arose from a suit filed by the appellant by way of a plaint dated 5th October 2009 in which it sued the respondents jointly and severally praying for a permanent injunction to restrain them from distraining for rent or otherwise from interfering with its quiet enjoyment of its tenancy over the land parcel LR NO. 11265 or the premises situate thereon (“the suit premises") and leased to it by the 1st respondent; general damages for trespass, costs of the suit plus interest.
In the plaint, the appellant claimed that it had a controlled tenancy between it and the 1st respondent and that the 1st respondent had no authority to instruct the 2nd respondent to levy distress for rent against it without leave of the Business Premises Rent Tribunal established under section 6 of the Landlord and Tenant (Hotels, Sho…