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NEPTUNE CREDIT MANAGEMENT LIMITED & ANOR
V.
JIGISHA P. JANI & ANOR

(2022) JELR 113854 (CA)

Court of Appeal 13 May 2022 Kenya
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Case Details

Suit Number:Civil Appeal 201 of 2019
Judges:RN Nambuye, JA W Karanja, JA PO Kiage, JA
Location:Nairobi

JUDGMENT

  1. By this appeal, the 2nd appellant, Brian Yongo, who is a director of the 1st appellant company, Neptune Credit Management Limited, seeks to overturn the verdict of the Environment and Land Court at Nairobi (Bor, J.) dated 18th March, 2019 by which the court entered judgment for the respondents. That judgment and decree directed the ejection and eviction of the appellants from the suit property, L.R No. 7741/269, Kitisuru.

  2. The brief facts of the case are that, the appellants leased the suit property from the respondents for a period of two (2) years by a tenancy agreement dated 12th February, 2008. Thereafter, the respondents on two occasions offered to sell the property to the appellants. The first offer for sale was made on 13th February, 2008 at the sale price of Ksh. 45,000,000, 10% of which was payable on or before 15th March, 2008 and the balance payable within 90 days thereof or before 15th June, 2008. It was also a condition of the offer that the tenancy agreement would …

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