[2004] KEHC 1604 (KLR)
The court found that the plaintiff's evidence was credible and unchallenged, as the defendants failed to appear or present any evidence in their defense. The plaintiff had established the existence of a lease agreement, the agreed rent, and the defendants' continued occupation of the premises beyond the agreed...
Source-derived case information.
- Citation
- [2004] KEHC 1604 (KLR)
- Parties
- Plaintiff: Salim Islam Sadam; Defendant: Assistant Public Trustee – Lamu; Defendant: Attorney-General
- Court
- High Court
- Court Station
- High Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- ? 32 of 2001
- Procedural Posture
- Civil Suit / Judgment
- Outcome
- judgment for the plaintiff
- Legal Topics
- Lease Agreements, Vacant Possession, Mesne Profits
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Salim Islam Sadam
Plaintiff
Assistant Public Trustee – Lamu
Defendant
Attorney-General
Defendant
Procedural Posture
Civil Suit / Judgment
Legal Issues
- 1 Whether the plaintiff is entitled to vacant possession of the premises occupied by the defendants.
- 2 Whether the plaintiff is entitled to mesne profits from 1st August, 1997 until possession is granted.
Ratio Decidendi
The court found that the plaintiff's evidence was credible and unchallenged, as the defendants failed to appear or present any evidence in their defense. The plaintiff had established the existence of a lease agreement, the agreed rent, and the defendants' continued occupation of the premises beyond the agreed period. In the absence of any rebuttal, the court accepted the plaintiff's claim for vacant possession and mesne profits from 1st August, 1997 until possession is granted. The judgment applies to all consolidated files, and the plaintiff is also awarded costs of the suit.
Court Disposition
judgment for the plaintiff
Orders
- Judgment entered for the plaintiff as prayed for vacant possession and mesne profits from 1st August, 1997 until vacant possession is granted.
- Costs of the suit awarded to the plaintiff.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MALINDI
CIVIL SUIT NO.32 OF 2001
SALIM ISLAM SADAM……………………………………..PLAINTIFF
V E R S U S
1. ASSISTANT PUBLIC TRUSTEE – LAMU………………….1ST DEFENDANT
2. ATTORNEY-GENERAL……………………………………….2ND DEFENDANT
J U D G M E N T
In this case the Plaintiff entered into Lease Agreement with the Defendants regarding the Defendants’ employee’s occupation of his premises. The Plaintiff now seeks judgment for vacant possession and mesne profits from 1st August, 1997 together with costs of suit. The quarterly rent was agreed to be Kshs.9,000/- at admitted by Defendants on without prejudice basis. The leases which concern Malindi HCCC No.33/2001, Malindi HCCC No.32/2001 and Malindi HCCC No.34/2001 which suits were consolidated by court order on 14th November, 2003.
The Plaintiff gave his evidence and closed his case. However, when it was for Defendants to produce evidence there was no appearance for Defendants on 3 occasions. State Counsel Mr. Okello sent other people to hold his brief. On the third occasion the Plaintiff submitted that the court should close the pleadings and proceed to pass judgment.
I have perused the evidence given by the Plaintiff. I have no reason to doubt him. He stood well against crossexamination. In absence of any contradicting evidence from Defendant, I find the Plaintiff’s case proved. I therefore enter judgment for Plaintiff as prayed in the Plaint for vacant possession and mesne profits as from 1st August, 1997 till vacant possession is granted. This Judgment applies to all files consolidated.
I also grant him costs of this suit.
Dated this 30th day of July, 2004.
JOYCE KHAMINWA
J U D G E
Delivered on 30/7/04
Mr. Okello: I want certified copy for purpose of appeal.
Court: Orders accordingly.
JOYCE KHAMINWA, J.