[2000] KEHC 156 (KLR)
The court found that the defendant, through the Ministry of Works, remained in occupation of the plaintiff's premises after the lease expired and failed to pay the agreed rent and service charges. The evidence established the amount of arrears and the ongoing monthly liability for mesne profits. The court held that...
Source-derived case information.
- Citation
- [2000] KEHC 156 (KLR)
- Parties
- Plaintiff: Pan Africa Insurance Company Limited; Defendant: Hon. The Attorney General (Ministry of Works)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 487 of 1998
- Procedural Posture
- Civil Case / Judgment
- Outcome
- judgment for the plaintiff
- Legal Topics
- Lease Agreement, Rent Arrears, Mesne Profits, Service Charge, Vacant Possession
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pan Africa Insurance Company Limited
Plaintiff
Hon. The Attorney General (Ministry of Works)
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the defendant is liable for rent arrears under the expired lease agreement.
- 2 Whether the plaintiff is entitled to mesne profits for continued occupation after lease expiry.
- 3 Whether the defendant is obligated to repair the premises upon vacating.
Ratio Decidendi
The court found that the defendant, through the Ministry of Works, remained in occupation of the plaintiff's premises after the lease expired and failed to pay the agreed rent and service charges. The evidence established the amount of arrears and the ongoing monthly liability for mesne profits. The court held that the plaintiff was entitled to judgment for the arrears, continuing mesne profits until vacant possession is delivered, interest at court rates, and costs. The defendant is also obligated to repair the premises upon vacating, or the plaintiff may recover the cost of repairs from the defendant.
Court Disposition
judgment for the plaintiff
Orders
- Defendant to pay rent arrears of Kshs. 5,011,909.10 inclusive of service charge.
- Defendant to pay mesne profits of Kshs. 163,405.50 per month from 1st March, 1998 until vacant possession is delivered.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI HIGH COURT CIVIL CASE NO. 487 OF 1998
PAN AFRICA INSURANCE COMPANY LIMITED……...………….PLAINTIFF -VERSUS
HON. THE ATTORNEY GENERAL……………………………DEFENDANT
JUDGMENT
The plaintiff in this case has sued the Attorney-General on behalf of the Ministry of Works as tenants of the plaintiff. The plaintiff claim is that the parties entered into a lease agreement for the premises occupied by the defendant in LR No. 209/4281.
The lease expired and has not been renewed. The lease was for two years from 1st July, 1994. The Ministry has not paid the rent amounting to Shs. 5,011,909. 10. Mrs. Njeri Njehia, the Property Manager of the plaintiff in her evidence explained that the rent had been subsequently increased to Shs. 186,020 per month and that there is also excess service charge for the year 1998 amounting to Shs.498,070. 97.
I have considered the evidence and I am satisfied that the defendant has not paid the monies claimed. There will be judgment for the plaintiff as follows:
(a) For rent arrears Kshs. 5,011,909. 10 this is inclusive of Service Charge.
(b) Mesne profits of Kshs.163,405. 50 per month with effect from 1st March, 1998 until the said Ministry of Public Works and Housing delivers vacant possession of the suit premises.
(c) Interest on (a), (c), (d), & (e) at court rates.
(d) Costs of this suit.
The defendant upon giving vacant possession shall carry out the necessary repairs to the premises. In case the defendant does not carry out such repairs, the plaintiff shall be at liberty to effect the repairs and recover the money so expended from the defendant.
Dated and delivered this 21st day of July, 2000.
KASANGA MULWA
JUDGE