[2015] KEHC 1185 (KLR)
The court adopted the consent entered into by the parties as a binding order, thereby settling the dispute regarding occupation of the commercial premises. The consent set out clear terms: the defendant grants the plaintiff a one-year licence to occupy the premises from 1 August 2015 to 1 August 2016; the plaintiff...
Source-derived case information.
- Citation
- [2015] KEHC 1185 (KLR)
- Parties
- Plaintiff: Co-operative Bank of Kenya; Defendant: Stephen Gitonga Mbaabu
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 57 of 2015
- Procedural Posture
- Land and Property Suit / Judgment on Consent
- Outcome
- suit settled by consent; consent adopted as order of the court
- Judges
- FM Njoroge
- Legal Topics
- Licence Agreements, Commercial Premises Occupation, Security Deposit, Repair Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Co-operative Bank of Kenya
Plaintiff
Stephen Gitonga Mbaabu
Defendant
Procedural Posture
Land and Property Suit / Judgment on Consent
Legal Issues
- 1 Whether the dispute regarding occupation and use of the commercial premises MAUA/TOWNSHIP/39 could be resolved by consent of the parties.
- 2 Whether the terms of the licence, payment of fees, security deposit, and repair reimbursement were agreed and enforceable.
Ratio Decidendi
The court adopted the consent entered into by the parties as a binding order, thereby settling the dispute regarding occupation of the commercial premises. The consent set out clear terms: the defendant grants the plaintiff a one-year licence to occupy the premises from 1 August 2015 to 1 August 2016; the plaintiff pays the agreed licence fees quarterly in advance, tops up the security deposit to three months' fees, and reimburses the defendant for repairs. Upon expiry of the licence, the plaintiff is to vacate the premises. Each party bears its own costs, and the licence agreement is to be drawn in accordance with the Advocates Remuneration Order, 2014. The court found that the consent...
Court Disposition
suit settled by consent; consent adopted as order of the court
Orders
- The application dated 21/07/2015 and the entire suit are settled on the terms of the consent.
- The defendant grants the plaintiff a one-year licence for occupation of MAUA/TOWNSHIP/39 from 01.08.2015 to 01.08.2016.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
E & L CASE NO 57 OF 2015
CO-OPERATIVE BANK OF KENYA..................................PLAINTIFF
VERSUS
STEPHEN GITONGA MBAABU ...................................DEFENDANT
J U D G M E N T
On 10/11/2015, Mr. Edwin Kimathi, holding brief for Mr. Echesa for the Plaintiff and Mr. Evans Mutegi Mugambi, holding brief for Mr. Wachira for the defendant proffered to Court a Consent which they asked this Court to adopt as its order.
The Consent is in the following terms:-
“We, the undersigned shall be grateful if you endorse the following Consent between the parties to this case BY CONSENT:
a. The application dated 21/07/2015 and the entire suit be and is hereby settled by the parties on the following terms:-
The defendant shall accord the Plaintiff a one year Licence for occupation of the commercial premises known as MAUA/TOWNSHIP/39 currently occupied by the Plaintiff with effect from 01. 08. 2015 to 01. 08. 2016, the parties shall draw up and sign a Licence agreement reflecting the agreed terms of the licence, the plaintiff shall upon expiry of the term of the Licence relocate from the defendants premises.
The plaintiff shall pay the agreed monthly licence fees of Ksh 468,180/= (Kshs. 90/- per sq) per quarter in advance to the defendant exclusive of VAT the first payment having already been made.
The plaintiff shall top up the current security deposit held i.e Kshs. 765,300/- to the equivalent of 3 months licence fees Ksh. 1,404,540/=
The Plaintiff shall pay to the defendant Kshs 375,800/= as reimbursement for repairs from damages caused to the roof of the suit premises.
The payments in 3 and 4 to be made within fourteen (14) days of the filing of the consent.
The respective parties to the suit bear their cost whereas for the drawing of the Licence agreement the resulting charges shall be as per the Advocates Remuneration Order, 2014”.
The consent is duly signed by the Advocates representing the parties.
This Consent is adopted as an order of this Court. This suit is marked as settled and definitively heard and determined.
It is so ordered.
Delivered in open Court at Meru this 11th day of November, 2015 in the presence of:-
CC: Daniel /Lilian
P . M. NJOROGE
JUDGE