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DAVID THIONG'O T/A WELCOME GENERAL STORES
V.
MARKET FANCY EMPORIUM

(2007) JELR 102782 (CA)

Court of Appeal 30 Mar 2007 Kenya
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Case Details

Suit Number:Civil Appli. Nai 47 of 2007 (UR. 38/2007)
Judges:Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, Erastus Mwaniki Githinji
Location:Nairobi
Other Citations:David Thiong'o T/A Welcome General Stores v. Market Fancy Emporium [2007] eKLR

RULING OF THE COURT

This is an application under Rule 5 (2) (b) of the Court of Appeal Rules (Rules) for an order that:

“... the execution of the ruling and order of Hon. Mr. El Kindy delivered on 15th November, 2005 be stayed pending the lodging, hearing and determination of the intended appeal against the ruling and order of Hon. Mr. Justice Visram delivered on 28th February, 2007”.

The applicant has been a tenant of the respondent on L.R. No. 209/2648 Muindi Mbingu Street, Nairobi.

In or about 2004 the respondent sued the applicant in the Principal Magistrate’s Court at Milimani Commercial Courts, Nairobi – Civil Suit No. 12611 of 2004 for vacant possession on the ground that the applicant had neither complied with the notice to terminate the tenancy nor filed a reference in the Business Premises Rent Tribunal. The respondent filed a Defence and subsequently filed an application for summary judgment which was heard by El Kindy, Ag. Senior Principal Magistrate, and allowed in a terse ru…

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