STEPHEN KIBATHI T/A MALAIKA BAR V. KABU KAGERA & 3 OTHERS

JUDGMENT OF THE COURT

The record before us shows that at all material times prior to June, 1999, STEPHEN KIBATHI (the appellant) who was trading together with FRANCIS WAKAHIU as Malaika Bar, were the tenants of KABU KAGERA, MUCHERU MUGO, GIDEON NJUGUNA and SAMUEL GAKAO the then first second, third and fourth respondents in business premises then known as L.R. NO. 36/1/9 Eastleigh Nairobi. The monthly rent which was being paid by the tenants prior to October, 1984 was Kshs.2,400/-. The tenants maintained that that was the rent that obtained throughout their tenancy but the respondents disputed that and contended that in October, 1984, by agreement between both parties, that rent was increased to Kshs.5,000/= per month which the tenants duly paid for sometime before the dispute resulting into this appeal arose. The tenants alleged that on or about 15^th January, 1986, the respondents, acting through the fifth respondent destrained goods belonging to them in an attempt to recover the arrea…