[2022] KEELC 2958 (KLR)
The court adopted the consent reached by the parties as the judgment of the court, thereby settling all issues in dispute. The consent terms provided for the refund of one year’s rent to the plaintiff, the grant of a five-year lease to Blue Sky Films (EPZ) Limited for plot no A14, a moratorium on the implementation...
Source-derived case information.
- Citation
- [2022] KEELC 2958 (KLR)
- Parties
- Plaintiff: Blue Sky Studios & Media Centre; Defendant: The Registered Trustees Of The Agricultural Society Of Kenya T/A The Nairobi International Trade Fair
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 31 of 2014
- Procedural Posture
- Environment and Land Case / Judgment
- Outcome
- Case marked as settled by consent; consent adopted as order of the court.
- Judges
- LN Mbugua
- Legal Topics
- Lease Disputes, Refund of Rent, Vacant Possession, Master Plan Implementation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Blue Sky Studios & Media Centre
Plaintiff
The Registered Trustees Of The Agricultural Society Of Kenya T/A The Nairobi International Trade Fair
Defendant
Procedural Posture
Environment and Land Case / Judgment
Legal Issues
- 1 Whether the parties have reached a binding settlement regarding the lease and occupation of plot no A14.
- 2 Whether the defendant is obligated to refund part of the rent paid in advance by the plaintiff.
- 3 Whether the defendant is required to grant a new lease and under what terms.
Ratio Decidendi
The court adopted the consent reached by the parties as the judgment of the court, thereby settling all issues in dispute. The consent terms provided for the refund of one year’s rent to the plaintiff, the grant of a five-year lease to Blue Sky Films (EPZ) Limited for plot no A14, a moratorium on the implementation of the Jamhuri Park Master Plan for five years, and a structured rental increment. The court recognized that the parties had resolved all outstanding matters and that each party would bear its own costs. The court’s role was limited to endorsing the consent as a binding order, in line with established legal principles regarding consent judgments.
Court Disposition
Case marked as settled by consent; consent adopted as order of the court.
Orders
- Plaintiff to absorb consultancy costs incurred in design of the studios for the suit premises.
- Defendant to refund one year’s rent (for 2012) to Blue Sky Films (EPZ) Limited, to be credited to the rental account for plot no A14.
Full Case Text
Judgment text and source record
24 paragraphs
Blue Sky Studios & Media Centre v The Registered Trustees Of The Agricultural Society Of Kenya T/A The Nairobi International Trade Fair (Environment & Land Case 31 of 2014) [2022] KEELC 2958 (KLR) (16 June 2022) (Judgment)
Neutral citation: [2022] KEELC 2958 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment & Land Case 31 of 2014
LN Mbugua, J
June 16, 2022
Between
Blue Sky Studios & Media Centre
Plaintiff
and
The Registered Trustees Of The Agricultural Society Of Kenya T/A The Nairobi International Trade Fair
Defendant
Judgment
1. By consent it is hereby agreed between the parties that this case be marked as “settled” on the following terms:-
2. The plaintiff shall absorb the cost of any consultancy services incurred in design of the studios that had been proposed for the suit premises;
3. The defendant shall refund the rent for one year out of the rent paid for the two (2) years in advance by or on behalf of the plaintiff in respect of the suit premises. For the avoidance of doubt, the defendant will refund the rent paid in the second year of the tenancy (2012) to Blue Sky Films (EPZ) Limited and the same will be applied towards and credited to the rental account for plot no A14 currently leased and occupied by Blue Sky Films (EPZ) Limited from the defendant;
4. The defendant shall only consider implementing the Jamhuri Park Master Plan on or as regards plot A14 only after at least five (5) years have elapsed with effect from December 1, 2021;
5. The ASK shall grant Blue Sky Films (EPZ) Limited a 5-year Lease for plot no A14 with effect from December 1, 2021. ASK shall take no steps to terminate the said lease during its five (5)-year term except as provided for in the lease;
6. ASK will offer Blue Sky Films (EPZ) Limited a considerate rental increment of 15% after every two (2) years of the lease term with effect from the Lease commencement date;
7. Upon the defendant and Blue Sky Films (EPZ) Limited duly executing the aforesaid five (5)-year Lease, the Advocates on record for the respective parties in this matter shall file this consent on the court’s case record and adopt the same as an order of the court at the earliest mention date of the matter following the date of filing of this consent;
8. Upon the filing of this consent on the court record and adoption of the same as an order of the court as aforesaid, the defendant shall hand over vacant possession of the suit premises to the defendant for the defendant’s own use;
9. Each of the parties shall bear its own costs.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 16TH DAY OF JUNE 2022 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-Misaro for the PlaintiffM/s Katana holding brief for Kithi for the DefendantsCourt Assistant: Eddel Barasa