[1998] KEHC 223 (KLR)
The court found that the relationship between the parties was governed by a tenancy agreement which expired and was not renewed. Upon expiry, the defendant became a month-to-month tenant, and the plaintiff served a valid notice to terminate the tenancy, giving the defendant more than one month's notice to vacate....
Source-derived case information.
- Citation
- [1998] KEHC 223 (KLR)
- Parties
- Plaintiff: Joginder Kaur Sehmi; Defendant: Harbans Singh Roopa
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 24 of 1998
- Procedural Posture
- Civil Case / Ruling on Interlocutory Application for Recovery of Possession
- Outcome
- application allowed
- Legal Topics
- Tenancy Termination, Notice to Vacate, Holding Over, Accounting for Repairs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joginder Kaur Sehmi
Plaintiff
Harbans Singh Roopa
Defendant
Procedural Posture
Civil Case / Ruling on Interlocutory Application for Recovery of Possession
Legal Issues
- 1 Whether the plaintiff is entitled to recovery of possession of the suit premises from the defendant.
- 2 Whether the notice to terminate the month-to-month tenancy was valid and properly served.
- 3 Whether the defendant's claim for cost of repairs affects the plaintiff's right to possession.
Ratio Decidendi
The court found that the relationship between the parties was governed by a tenancy agreement which expired and was not renewed. Upon expiry, the defendant became a month-to-month tenant, and the plaintiff served a valid notice to terminate the tenancy, giving the defendant more than one month's notice to vacate. The defendant failed to comply with the notice and continued to occupy the premises. The court held that the plaintiff was entitled to recovery of possession, as the notice was valid and the defendant's claim for repairs did not affect the plaintiff's right to possession. The court also ordered that an account be taken of the electricity bills, water bills, and repairs as sought...
Court Disposition
application allowed
Orders
- The defendant shall give vacant possession of the suit premises not later than 30th March, 1998.
- An account shall be taken as sought in prayer No. 2 of the Chamber Summons regarding electricity bills, water bills, and repairs.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL CASE NO 24 OF 1998
JOGINDER KAUR SEHMI...........................................................PLAINTIFF
VERSUS
HARBANS SINGH ROOPA..........................................................DEFENDANT
R U L I N G
By an application dated 7th and filed on 8th January, 1998, the plaintiff sought recovery of possession of premises known as and situated at block 4BR, Crescent Road, Parklands, Nairobi, an order that an account be taken of all electricity bills, water bills and repairs effected to the premises by the defendant and cost. The application is supported by an affidavit sworn by the plaintiff to which the defendant has filed a reply. Both learned counsel have also made their respective submissions.
The plaintiff has been and still is the owner of the suit premises. The defendant has been and still is the tenant therein.
The parties herein entered into a tenancy agreement which provided, inter alia, for renewal of the tenancy, and termination in the event of any breach of the terms set out therein.
The lease expired on 30th October, 1997. The defendant did not exercise his option to renew the same but continued to occupy the premises. It is common ground that thereafter he became a month to month tenant. Such a tenancy requires a notice of one month to terminate the same.
It is the plaintiff’s case in this application that the said notice was given vide several correspondence resting with the letter dated 14th November, 1997 which required the defendant to give vacant possession of the suit premises latest by 31st December, 1997. the defendant did not comply. He instead held over and raised a demand for cost of repairs he had effected in the said premises.
The plaintiff has also raised the issue of nuisance on the part of the defendant to the annoyance of the plaintiff and other adjoining occupants.
After going through the matter including the submissions of learned counsel appearing for the parties I find that the relationship between the parties herein was governed by a tenancy agreement. That agreement expired but was not renewed. A notice was given to the defendant to vacate the premises. That notice was valid considering that it was in excess of one month in relation to a month to month tenancy. The defendant did not vacate as required under the said notice. This court has the power and jurisdiction to enforce the said notice.
The other matters raised in the replying affidavits relating to cost of repairs can be urged by a civil action and stand remotely from the present issue.
Accordingly, the application of the plaintiff hereby succeeds. The defendant shall give vacant possession of the suit premises not later than 30th march, 1998. An account shall be taken as sought in prayer No. 2 of the Chamber Summons. The plaintiff shall also have the costs of the application.
Orders accordingly.
Dated and delivered at Nairobi this 26th day of February, 1998.
A. MBOGHOLI MSAGHA
JUDGE
Radido for Mrs Guserwa for plaintiff/applicant
Mwange for Joshi for defendant