VIKTAR MAINA NGUNJIRI V. JACK AND JILL SUPERMARKET LIMITED

JUDGMENT OF THE COURT

The appellant, Viktar Maina Ngunjiri, acquired a commercial building in the year 2006 erected on L.R. No. 209/869 situate along Temple Road in Nairobi. The respondent Jack and Jill Supermarket Limited was one of the tenants on those premises who had occupied the same since the year 1998. On acquiring the premises the relationship between the two parties was not good at all which led to many suits being filed in various courts. In the end the respondent was evicted from the premises and filed at the High Court at Nairobi Civil Case No. 317 of 2014. It was alleged in that suit that the respondent had been a protected tenant within the meaning of The Landlord and Tenant (Shops Hotels And Catering Establishments) Act; that the respondent had within the term of tenancy always met its obligations as a tenant to the appellant as landlord; that the appellant had failed to accord the respondent quiet possession and peaceful enjoyment of the premises since he took over the …