[1984] KEHC 51 (KLR)
The court found that the defendant remained in occupation of the suit premises beyond the expiry of the lease and failed to vacate as required. The plaintiffs provided unchallenged evidence, including an inspection report, establishing the extent of damage to the premises and the prevailing market rent. The court...
Source-derived case information.
- Citation
- [1984] KEHC 51 (KLR)
- Parties
- Plaintiff: H C B Mistrichsha (as personal representatives of the late C B Mistri); Defendant: B P Baga t/a ABC Clothing Factory
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 4071 of 1982
- Procedural Posture
- Civil Case / Judgment
- Outcome
- judgment for the plaintiff
- Legal Topics
- Mesne Profits, Breach of Lease, Damages Assessment, Eviction Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
H C B Mistrichsha (as personal representatives of the late C B Mistri)
Plaintiff
B P Baga t/a ABC Clothing Factory
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the defendant was liable for mesne profits for the period of unlawful occupation after expiry of the lease.
- 2 Whether the defendant was liable for damages for leaving the premises in poor condition contrary to the lease terms.
- 3 Whether the plaintiffs had sufficiently proved their claim for damages and mesne profits.
Ratio Decidendi
The court found that the defendant remained in occupation of the suit premises beyond the expiry of the lease and failed to vacate as required. The plaintiffs provided unchallenged evidence, including an inspection report, establishing the extent of damage to the premises and the prevailing market rent. The court held that the plaintiffs had sufficiently proved their entitlement to mesne profits for the period of unlawful occupation and damages for the condition in which the premises were left. Judgment was entered for the plaintiffs for the sums claimed, together with interest and costs.
Court Disposition
judgment for the plaintiff
Orders
- The defendant shall pay the plaintiffs KES 105,000 as mesne profits for seven months.
- The defendant shall pay the plaintiffs KES 66,720 as damages for the condition of the premises and inspection charges.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (MILIMANI LAW COURTS
CIVIL CASE N0. 4071 OF 1983
H C B MISTRICHSHA.......................…………….…………………….................... PLAINTIFFS
As personal representatives of the late C B Mistri
AND
B P BAGA t/a A BC CLOTHING FACTORY ....……………….............................. DEFENDANT
JUDGMENT
The plaintiffs herein are the legal representatives of the late C B Mistri who owned the suit premises. By a lease dated the 4th February, 1977 the suit premises was leased to the defendant for a period of five years and eight months from the 1st November1976 and yearly rent of shs.48,000 payable monthly in advance by monthly instalments of shs12. 000. C B Mistri died on the 2nd May 1981 leaving a will and two personal representatives mere appointed executors and trustees in Probate & Administration cause No 310 l982.
Under the lease the defendant was to vacate on the 30th June 1982 but he never vacated despite being asked to do so. He (defendant) eventually vacated the suit premises at the end of January 1983. This was often this suit had been filed in this court.
When the defendant vacated the suit premises he left them in poor conditions contrary to the terms and conditions in the lease agreement. The plaintiffs instructed R R Oswald & Co to carry out inspection of the suit premises and assess the damage caused. This was done and their report produced in evidence (Exhibit 1). They were paid for this work. The damage done was calculated at shs.65,720
The rent in the lease was 4,000- per month fixed in 1976 but the plaintiffs have received offers of rent in the sum of shs.15,000 per month. In fact at the moment half the suit premises is being let at shs.7,000 per month.
What has been stated above remains unchallenged since this suit proceeded by way of formal proof after the defence filed was struck off.
Having considered the pleadings in this case the evidence of Hosider “Cawasji Bapuji Mistri (PW1) and the supporting documents I am satisfied that the plainuffs' claim has been sufficiently proved.
According to the calculations mesne profits are for seven months at shs.15,000/- per month. The total comes to shs, 105,000. According to the report (Exhibit 2) the damage done was calculated at shs,65,720 and on top of this we must add shs.65,720 being the charges of those who carried out inspection work.
In view of the foregoing I enter Judgment in favour of the plaintiff for shs,105. 000 being mesne profits for the seven months and for shs.66,720/= plus interest and costs of the suit.
Order accordingly.
Delivered at Nairobi this 6th day of April, 1984.
E O'KUBASU
JUDGE
6. 4.1984