RULING OF THE COURT
This is an application under Rule 80 of the Court of Appeal Rules (Rules) for an order that Civil Appeal No. 164 of 2005 – East African Building Society v. Abdulshakoor Khandwalla be struck out on the ground that no appeal lies to the Court of Appeal from the ruling and orders of the superior court (Maraga J) dated 11th June, 2004.
The brief background to the appeal, the subject matter of this application is briefly as hereunder.
The applicant Abdulshakoor Khandwalla is one of the tenants of the respondent East African Building Society Ltd (EABS) on plot No. 89 Section XX along Moi Avenue, Mombasa. The applicant has been occupying one residential flat paying a monthly rent of Kshs.2,097/50. This is a controlled tenancy under the Rent Restriction Act (Cap 296) (Act).
It seems that sometime in 1991 EABS applied to the Rent Restriction Tribunal in Assessment Case N0. 183 of 1991 for assessment of the standard rent in respect of the flats. It seems further that, four asses…