[2025] KEHC 9043 (KLR)

[2025] KEHC 9043 (KLR)

The court found that the respondent had discharged the burden of proof regarding rent arrears by producing a reconciled statement of account, and the appellant failed to provide any credible evidence to controvert it, such as mpesa or bank statements. The tenancy agreement clearly obligated the appellant to pay all...

Source-derived case information.

Citation
[2025] KEHC 9043 (KLR)
Parties
Appellant: Pamela Akinyi Korado; Respondent: Edward Mungatana
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
27 June 2025
Case Number
Commercial Appeal E080 of 2022
Procedural Posture
Commercial Appeal / Judgment
Outcome
Appeal dismissed with costs to the respondent.
Judges
BM Musyoki
Legal Topics
Landlord Tenant Disputes, Rent Arrears, Utility Bills Liability, Repair Obligations, Burden of Proof
Source Language
english
Land and Property Commercial and Corporate Landlord Tenant Disputes Rent Arrears Utility Bills Liability Repair Obligations Burden of Proof

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Summary, issues, holding and outcome

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Parties

Pamela Akinyi Korado

Appellant

Edward Mungatana

Respondent

Procedural Posture

Commercial Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant owed rent arrears to the respondent as claimed.
  2. 2 Whether the appellant was liable to refund money paid for utility bills by the respondent.
  3. 3 Whether the appellant was responsible for the cost of repairs to the suit premises upon vacating.

Ratio Decidendi

The court found that the respondent had discharged the burden of proof regarding rent arrears by producing a reconciled statement of account, and the appellant failed to provide any credible evidence to controvert it, such as mpesa or bank statements. The tenancy agreement clearly obligated the appellant to pay all utility bills, and she admitted liability but failed to produce proof of payment. Regarding repairs, the court accepted the respondent's evidence, including expert reports and photographs, which showed substantial damage beyond normal wear and tear. The appellant did not object to the inspection report or request a joint inspection. The trial court's findings were upheld, and...

Court Disposition

Appeal dismissed with costs to the respondent.

Orders

  • The appeal is dismissed in its entirety.
  • Costs of the appeal are awarded to the respondent.