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1 Jan 1952

Land And Property [1952] EACA 284

Pathak v Trustees of Tayebi Club

Pathak v Trustees of Tayebi Club (Civil Cas&No. 62 of 1952 (Mombasa)) [1952] EACA 284 (1 January 1952)

Court: East African Court of Appeal
Case number: Civil Cas&No. 62 of 1952 (Mombasa)
Judge: Connell J

The court held that before the Rent Board can make an ejectment order against an occupier, it must be satisfied that the original tenant or her representative has been brought on record and that the original contractual tenancy was properly terminated, either by notice to quit, cesser of the lease, forfeiture followed by entry of the landlord, or re-entry if the tenant is dead and the premises are left vacant. The court found that Mani ben Kanji, the original tenant, or her representative, was not joined in the proceedings before the Rent Board, and thus the Board lacked jurisdiction to make…

Source excerpt

Tenancy Termination
Rent Restriction
Ejectment Orders
Joinder Of Parties

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1 Jan 1952

Land And Property [1952] EACA 195

Trustees of Tayebi Club v Pathak

Trustees of Tayebi Club v Pathak (Civil Appeal No. 118 of 1952) [1952] EACA 195 (1 January 1952)

Court: East African Court of Appeal
Case number: Civil Appeal No. 118 of 1952
Judges: Nihill P, Worley VP

The Court of Appeal held that, as a matter of law, the Board was not required in every case to join the tenant or their representative when seeking an order for possession against an occupier under section 16(1)(i) of the Increase of Rent (Restriction) Ordinance, 1949, as amended. However, the Board failed to consider the factual relationship between the former tenant and the occupier, and the statutory provision only applied to actions of a tenant after the commencement of the Ordinance. Since the tenant was already deceased before the relevant date and there was no evidence of assignment or…