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ERIC ADOME & ANOTHER
V.
PAULINE KASUMBA OSEBE & ANOTHER

(2014) JELR 104340 (CA)

Court of Appeal 18 Jul 2014 Kenya
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Case Details

Suit Number:Civil Appeal 185 of 2011
Judges:John walter Onyango Otieno, Festus Azangalala, Sankale ole Kantai
Location:Kisumu
Other Citations:Eric Adome & another v. Pauline Kasumba Osebe & another [2014] eKLR

JUDGMENT OF THE COURT

The first appellant in this appeal Erick Adome is the owner of plot No. 135 within Busia Municipality, vide lease agreement dated 31st July, 1997, signed by him on the one hand as the Lessor, and the second respondent herein Joyce Mariachana on the other hand as the Lessee. He leased the same premises to the same Joyce Mariachana on terms spelt out in that agreement. As there is no dispute upon the same terms, we find it unnecessary to cite the same terms in this judgment. Joyce got the first respondent in this appeal, Pauline Kasumba Osebe who was referred to in the proceedings, as her sister to carry out the business in the same premises. Joyce described her as her agent in the same business although the first appellant felt Joyce had illegally assigned business to her. The facts as found by the trial court and which have not been challenged were that she was an agent of Joyce and Joyce remained the tenant of Erick. On 20th October, 2003, Erick broke into the su…

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