[2012] KEHC 3632 (KLR)

[2012] KEHC 3632 (KLR)

The court found that the defendant's defence did not raise any triable issues and was filed merely to delay judgment. The amendments to Order 36 of the Civil Procedure Rules limit the circumstances under which summary judgment may be granted, but in this case, the defence was deemed insufficient to warrant a full trial on the arrears. The plaintiff was therefore entitled to summary judgment for the sum of Kshs.860,000. The issues of interest and mesne profits, as well as possession, were to be determined at trial or upon expiry of the lease. The defendant was ordered to vacate the premises by 31/7/2012, and costs were awarded to the plaintiff.

Citation
[2012] KEHC 3632 (KLR)
Parties
Plaintiff: Commission for Higher Education; Defendant: Touch Stone Developers Ltd
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
26 June 2012
Case Number
Civil Suit 11 of 2012
Procedural Posture
Civil Suit / Ruling on Summary Judgment Application
Outcome
summary judgment partially granted for arrears; other issues to trial
Legal Topics
Summary Judgment, Lease Disputes, Mesne Profits, Arrears of Rent
Source Language
English
Land and Property Civil Procedure Summary Judgment Lease Disputes Mesne Profits Arrears of Rent

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Commission for Higher Education

Plaintiff

Touch Stone Developers Ltd

Defendant

Procedural Posture

Civil Suit / Ruling on Summary Judgment Application

Legal Issues

  1. 1 Whether the plaintiff is entitled to summary judgment for arrears of rent and mesne profits against the defendant.
  2. 2 Whether the filing of a defence by the defendant precludes the grant of summary judgment under the new Civil Procedure Rules.
  3. 3 Whether the lease agreement between the parties was validly rescinded and whether the defendant is liable to vacate the premises.

Ratio Decidendi

The court found that the defendant's defence did not raise any triable issues and was filed merely to delay judgment. The amendments to Order 36 of the Civil Procedure Rules limit the circumstances under which summary judgment may be granted, but in this case, the defence was deemed insufficient to warrant a full trial on the arrears. The plaintiff was therefore entitled to summary judgment for the sum of Kshs.860,000. The issues of interest and mesne profits, as well as possession, were to be determined at trial or upon expiry of the lease. The defendant was ordered to vacate the premises by 31/7/2012, and costs were awarded to the plaintiff.

Court Disposition

summary judgment partially granted for arrears; other issues to trial

Orders

  • Judgment entered for the plaintiff in the sum of Kshs.860,000 against the defendant.
  • The defendant shall vacate the premises on or before 31/7/2012.