JUDGMENT OF THE COURT
[1] This is a second appeal as the original suit was heard and determined before the Magistrate’s Court at Malindi. Upon its dismissal, an appeal was filed in the High Court at Malindi which was partially successful. Unrelenting the appellant wants a third bite of the same cheery which can only be done on points of law. In order to extrapolate the points of law that fall for determination in this appeal as provided under Section 72 read with Sections 79D of the Civil Procedure Act, we will set out a brief background information of the facts that were before the two courts below.
[2] Warda Salim (appellant), was a tenant in a residential house situated at Plot No, 1402 Malindi (suit premises), belonging to one Nafisa Hatim Ali Taher, sister to Shabir Hatim (respondent). Prior to the events that occurred when the appellant’s goods were proclaimed for non-payment of rent, the appellant had resided on the suit premises for about 22 years. Sometimes in March 2011, the r…