[2002] KEHC 934 (KLR)
The court found that the defendant had no substantive defence to the plaintiff's claim for KES 120,000, as the agreements and supporting affidavits clearly established the plaintiff's entitlement to compensation for the premature cancellation of the tenancy and improvements made. The defendant's Replying Affidavit...
Source-derived case information.
- Citation
- [2002] KEHC 934 (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 the plaintiff
- 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 for the plaintiff for the claimed amount.
Ratio Decidendi
The court found that the defendant had no substantive defence to the plaintiff's claim for KES 120,000, as the agreements and supporting affidavits clearly established the plaintiff's entitlement to compensation for the premature cancellation of the tenancy and improvements made. The defendant's Replying Affidavit did not address the core issues or challenge the validity of the agreements. The court also noted that previous proceedings and orders in CMCC No. 1205/98 remained unchallenged. Accordingly, summary judgment was warranted for the amount claimed, with execution stayed pending final judgment and taxation of costs on any remaining unproven claims.
Court Disposition
summary judgment for the plaintiff
Orders
- Judgment entered for the plaintiff for KES 120,000 plus interest and costs.
- Execution of this judgment shall await the full judgment in the suit and taxation of costs, if any.
Full Case Text
Judgment text and source record
14 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