[2019] KEHC 8581 (KLR)
The court found that the respondents had proved their case against the appellant, who was the agent of the landlord. The trial court was justified in finding the appellant liable for the cost of renovations, as the evidence showed that the works were carried out with the knowledge of the appellant, who did not...
Source-derived case information.
- Citation
- [2019] KEHC 8581 (KLR)
- Parties
- Appellant: Josephat Maina Irumbi; Respondent: Margaret Wambui Njogu; Respondent: David Kamau
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 842 of 2007
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- A Mbogholi-Msagha
- Legal Topics
- Breach of Contract, Landlord and Tenant Disputes, Agency Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Josephat Maina Irumbi
Appellant
Margaret Wambui Njogu
Respondent
David Kamau
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the appellant was liable for the cost of renovations carried out by the respondents on the premises.
- 2 Whether the appellant was properly joined as a party to the proceedings as an agent of the landlord.
- 3 Whether the respondents had authority, explicit or implied, to carry out renovations and claim reimbursement.
Ratio Decidendi
The court found that the respondents had proved their case against the appellant, who was the agent of the landlord. The trial court was justified in finding the appellant liable for the cost of renovations, as the evidence showed that the works were carried out with the knowledge of the appellant, who did not object or stop the renovations. The appellant's failure to enjoin the landlord, despite being the agent, did not absolve him of liability. The trial court's assessment of the evidence and credibility of witnesses was upheld, and the set-off for arrears was properly applied. The appeal lacked merit and was dismissed with costs to the respondents.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed with costs to the respondents.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL APPEAL NO. 842 OF 2007
JOSEPHAT MAINA IRUMBI................................................APPELLANT
VERSUS
MARGARET WAMBUI NJOGU................................1ST RESPODNENT
DAVID KAMAU...........................................................2ND RESPODNENT
(Being am appeal against the decision of Hon. Were Resident Magistrate in Milimani CMCC 1241 OF 2005 made on 10th September, 2017)
JUDGMENT
The appellant was sued by the respondents for damages for breach of contract. The appellant was an agent of the landlord who owned premises occupied by the respondents. There was no agreement between the appellant and the respondent that renovations could be conducted or done in the premises. The respondent renovated the premises spending the money claimed in the plaint and pleaded that this was with an explicit or implied authority of the landlord.
Upon the completion of the renovations the premises were let out and the appellant started collecting the rent from the tenants. Thereafter, a claim was raised of Kshs. 211,129. 20 which was a claim raised in the plaint. Receipts were produced to justify the said expenditure.
After the hearing, the court entered judgment in the sum of Kshs. 86,129. 20 after allowing the appellant to deduct the sum of Kshs. 125,000/= being a set off arrears due as at the time the premises were handed over. Aggrieved by the said judgment the appellant lodged this appeal.
As the first appellate court it is my duty to assess and evaluate the evidence adduced before the lower court noting that I did not have the advantage of seeing and observing the witnesses testify. Having done so, I am persuaded that the truth lies with the finding of the trial court that the respondent proved his case against the appellant in the circumstances of the case.
The lower court had the opportunity to hear and observe the demeanour of the witnesses. He was persuaded that the respondent told the court the truth. The allegation that the appellant was wrongly joined in the proceedings cannot be sustained because he was clearly the agent for the landlord. He had the opportunity to enjoin the landlord which he did not.The respondent called P.W. 3 who made the renovations and repairs to the premises. The appellant never stopped him from doing so.
I have come to the conclusion that the appeal has no merit and therefore should be dismissed with costs to the respondents.
Dated, signed and delivered at Nairobi this 15th Day of March, 2019.
A.MBOGHOLI MSAGHA
JUDGE