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Wanyiri Kihoro v. Konahauthi Ltd

(2017) JELR 94869 (CA)

Court of Appeal  •  Civil Appeal 58 of 2015  •  1 Mar 2017  •  Kenya

Coram
Philip Nyamu Waki, Roselyn Naliaka Nambuye, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

The appellant, HON. WANYIRI KIHORO filed an appeal against the judgment of Waithaka, J who on 7th July, 2015 found in favour of the respondents, KONAHAUTHI LIMITED.

A brief background to this appeal is that the respondent filed a suit against the appellant (the then defendant) vide a plaint dated 11th February, 2000. In its plaint the respondent averred, interlia, that “The defendant has not since issuance of the Notice either tendered any rent upon the plaintiff which rent now stands in arrears amounting to Kshs: 322,800.00. The lease of the Defendant has therefore been forfeited to the plaintiff in accordance with Section 113 of the Act.” The respondent sought the following orders:

(a) Kshs. 322,800.00 being arrears of rent due upto August 31st 1999:

(b) Mesne profits at the rate of Kshs. 14,700.00 per month until possession:

(c) A Declaration that the plaintiff is entitled to vacant possession:

(d) An Order for Vacant Possession of the Premises:

(e) Costs of this sui…

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