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Simon Ndungu Mungai & Pastor Vincent Mungai t/a Overcomers Christian Centre & Livelink Communications v. Municipal Council of Kiambu

(2019) JELR 94905 (CA)

Court of Appeal  •  Civil Appeal 23 of 2012  •  22 Feb 2019  •  Kenya

Philip Nyamu Waki, Milton Stephen Asike Makhandia, Agnes Kalekye Murgor



By a lease agreement dated 1st February 2005 the respondent, the Municipal Council of Kiambu leased to the appellants, Simon Ndungu Mungai and Pastor Vincent Mungai, both clergymen trading as Overcomers Christian Centre and Livelink Communications, the appellants, the Main Hall of the community centre, (the Hall) for a period of two years renewable at a monthly rent of Kshs. 15,000 payable effective from 1st April 2005. The agreement expired on 31st March 2007, and thereafter the appellants became month to month tenants.

The appellants were said to have undertaken extensive renovations and repairs, and converted the Hall for use as a church, library, printing press, broadcast production studio and a community upgrading centre.

Subsequent thereto, they claimed that on 30th June 2007, the respondent unlawfully evicted them from the premises, and closed down the

Hall, alleging that there was outstanding rent; that on 31st August 2007, the respondent broke the padlocks, …

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