Trikam Maganlal Gohil another v John Waweru Wamai [1983] KECA 53 (KLR)
- Court
- Court of Appeal
- Case number
- 53
- Citation
- [1983] KECA 53 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLandlord and Tenant DisputePostureAppeal from a decision of the Business Premises TribunalCoramLaw, Kneller JJA & Chesoni Ag JA
Holding
The Court of Appeal dismissed the appellants' application for summary judgment and gave them unconditional leave to defend.
Facts
Trikam Maganlal Gohil and Velji Damji Nandha are leasehold owners of a three-story building in Nairobi. John Waweru Wamai leases a shop and a store on the same level, with the store subdivided by a hard-board partition. The appellants served a notice to quit the entire store on October 31, 1980, alleging that the respondent had converted part of the store into a residence.
Issues
- Is the tenancy of the store a controlled one within the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act?
- Estoppel?
- Monthly rental value?
Reasoning
The Court held that the store was not a shop as defined in the Act, and thus the appellants' application for summary judgment was not appropriate.
Outcome
Appeal dismissed
Orders
- Unconditional leave to defend given
Authorities cited
Legislation (1)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act (cap 301)
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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