Karanja Waihenya vs. S. Marai (1981)TLR no 86

 The facts are that the former tenant (Paul kamau) bought a beer store business from appellant (landlord), he converted a house into a lodge which he obtained a license , later he added a bar business thereon and he got a license for the same. The trial court allowed tenant claim in part. The land lord appealed and the tenant cross appealed . Claiming the disallowed part of his claim. The court of appeal allowed the appeal and dismissed the cross appeal the court was of the view that;

The list almost all the item are either buit in, or fixed to the land and they constitute fixture. To constitute fixture the article the article mentioned should be let into or united to the land or be substantial connected with the land  or building that is build on it. Therefore wash basin , water tapes thereon ceiling boards fixed to the  house can be termed as fixture.

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