[2002] KEHC 530 (KLR)
The court found that the defendant failed to provide any substantive defence to the plaintiff's claim for KES 120,000, which was based on clear agreements between the parties. The supporting affidavit and annexures established the circumstances of the agreements and the compensation due for the cancellation of the...
Source-derived case information.
- Citation
- [2002] KEHC 530 (KLR)
- Parties
- Plaintiff: Julius Mwova Kyondo; Defendant: William Kea Kashuru
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 543 of ??
- Procedural Posture
- Civil Suit / Ruling on Summary Judgment Application
- Outcome
- summary judgment for plaintiff, execution stayed pending full judgment and taxation of costs
- Legal Topics
- Summary Judgment, Tenancy Agreements, Compensation for Termination
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julius Mwova Kyondo
Plaintiff
William Kea Kashuru
Defendant
Procedural Posture
Civil Suit / Ruling on Summary Judgment Application
Legal Issues
- 1 Whether the defendant has a valid defence to the plaintiff's claim for KES 120,000 under the tenancy agreements.
- 2 Whether summary judgment should be entered in favour of the plaintiff for the claimed amount.
Ratio Decidendi
The court found that the defendant failed to provide any substantive defence to the plaintiff's claim for KES 120,000, which was based on clear agreements between the parties. The supporting affidavit and annexures established the circumstances of the agreements and the compensation due for the cancellation of the tenancy and improvements made by the plaintiff. The defendant's Replying Affidavit did not challenge the validity of the agreements or the amount claimed. The court held that, in the absence of a triable issue or valid defence, summary judgment was appropriate. The court therefore entered judgment for the plaintiff for the sum claimed, with interest and costs, but ordered that...
Court Disposition
summary judgment for plaintiff, execution stayed pending full judgment and taxation of costs
Orders
- Judgment entered for the plaintiff for KES 120,000 plus interest and costs.
- Execution of this judgment shall await the full judgment in this suit and the taxation of costs, if any.
Full Case Text
Judgment text and source record
6 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA CIVIL SUIT NO. 543 OF 2000 JULIUS MWOVA KYONDO…………………….PLAINTIFF VERSUS WILLIAM KEA KASHURU…………………..DEFENDANT R U L I N G The applicant has come to court seeking summary judgement in the sum of shs. 120,000/- plus costs and interest as prayed in the plaint. The grounds upon which the claim is made is that the defendant has no defence to the claim. The application dated 20-5-2002 and which is supported by affidavit of the plaintiff confirms that the claim arises out of agreements made between the parties on 28-2-96 and 27-8-96.
The circumstances under which the agreements were made are clearly explained in the supporting affidavit and the annexures attached. I have perused the Replying Affidavit. There is no answer to the plaintiff’s claim the agreement exhibited by the plaintiff. The proceedings in CMCC No. 1205/98 and orders made are still standing. No appeal has been made against the orders. There is no doubt that the plaintiff was in possession of the defendant premises and the defendant took the law in his hands to recover possession and he agreed to pay shs. 150,000/- to the plaintiff to compensate him for canceling the agreement of tenancy for the agreed period of five years in advance. The said sum was in respect of contructions carried out by plaintiff in the premises.
In the circumstances I find no merit in the defendants defence or Replying Affidavit. In respect of the claim for balance of shs. 120,000/- now claimed. I therefore allow the application and enter judgement for shs. 120,000/- plus interest and costs. Since there is a balance of unproved claim under the plaint I order that execution of this judgement shall await the full judgement in this suit and the taxation of costs if any.
Dated 23-8-2002.
HON. J. KHAMINWA LADY COMMISSIONER