SUPERDRUG COSMETIC (K) LTD V. HILTON INTERNATIONAL (K) LTD

RULING

This is an application under Rule 5 (2) (b) of the Court of Appeal Rules seeking an order for a stay of execution of the order of the superior Court (Bosire J.) dated August 31, 1994, and ordering the applicant to vacate the suit premises, pending the hearing and determination of the intended appeal.

The applicant is a limited liability company in occupation of a shop in the respondent’s complex in Nairobi. By an agreement dated September 23, 1986, the respondent agreed to sub-let the suit premises to the applicant for a period of six years from October 15, 1986 expiring on October 15, 1992. By its letter of March 28, 1991, the respondent offered to the applicant a new sub-lease for the same premises for a term of six years but the applicant did not accept the offer as requested and instead sought and received an explanation as to the reason for the new offer. Notwithstanding this, the applicant did not sign a letter of intent nor did it accept the offer but continued to occupy t…