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PETER SOLACHER
V.
ROMANTIC HOTELS LIMITED & ANOR

(2022) JELR 113987 (CA)

Court of Appeal 10 Jun 2022 Kenya
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Case Details

Suit Number:Civil Appeal 167 of 2019
Judges:SG Kairu, JA P Nyamweya, JA JW Lessit, JA
Location:Mombasa

JUDGMENT

  1. This appeal arises from the ruling of the High Court at Mombasa delivered on 27th March 2019 dismissing the appellant’s application for review of an order of the High Court given on 30th August 2012. The brief background of the case is that the appellant filed Mombasa High Court Civil Case No. 111 of 2008 (HCCC) against Diani Peak Ltd challenging a threatened eviction against him on grounds there was a subsisting lease between them. The appellant also filed HCCC No. 74 of 2010 against the respondents, to recover a loan advanced to the 1st respondent and guaranteed by the 2nd respondent. Then the Romantic Hotels Kenya Ltd, the 1st respondent in HCCC No. 74 of 2010 sued the appellant in Malindi HCCC No. 20 of 2011 as its tenant for nuisance on account of playing loud music.

  2. Then in 2012 the 2nd respondent filed an application dated 13th June 2012 seeking to have HCCC No. 20 of 2011 transferred to Mombasa and to have HCCC No. 20 of 2011 and HCCC No. 74 of 2010 consolidated with HC…

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