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MARY MOHAMED & 7 ORS
V.
NYALI AIR CONDITIONING & REFRIGERATION SERVICES LTD.

(1997) JELR 98229 (CA)

Court of Appeal 25 Jul 1997 Kenya
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Case Details

Suit Number:civ app 127 of 97
Judges:Philip Kiptoo Tunoi, Samuel Elikana Ondari Bosire, Richard Otieno Kwach
Location:Malindi
Other Citations:MARY MOHAMED & 6 OTHERS v. NYALI AIR CONDITIONING & ANOTHER[1997]eKLR

JUDMENT OF THE COURT

The facts which are not in dispute are that Nyali Air Conditioning and Refrigeration Services Limited, the respondent, is the owner of the premises known as Mombasa/Block XIX/220, the suit premises, which it purchased from the previous owner, one Charles Jally Kitsao on October, 21, 1994. Before the sale and transfer the seven appellants were sitting tenants in the suit premises.

Upon being registered as the proprietor of the suit premises, the respondent on December 30, 1994, instructed its lawyers to serve upon all the appellants with notices, giving them one month to quit and vacate the suit premises by January 31, 1995. The notices read:

"RE: NOTICE OF CHANGE OF OWNERSHIP OF PROPERTY MOMBASA/BLOCK XIX/220

We act for Nyali Air Conditioning and Refrigeration Services Ltd. the owners of the above property.

We hereby notify you that our clients are the new owners of the property with effect from 21st of October, 1994.

Please note that our clients do not intend to keep y…

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