[2017] KEELC 279 (KLR)
The court found that the Plaintiff's case was uncontroverted as the Defendant failed to enter appearance or file a defence. The Plaintiff provided documentary evidence confirming the tenancy relationship, the amount of rent arrears, and the outstanding electricity charges. The court was satisfied that the Plaintiff...
Source-derived case information.
- Citation
- [2017] KEELC 279 (KLR)
- Parties
- Plaintiff: Sheila Okanga; Defendant: Evans Alwar
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 39 of 2017
- Procedural Posture
- Formal Proof / Judgment
- Outcome
- judgment for the plaintiff
- Judges
- LC Komingoi
- Legal Topics
- Landlord Tenant Disputes, Rent Arrears, Mesne Profits, Vacant Possession
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sheila Okanga
Plaintiff
Evans Alwar
Defendant
Procedural Posture
Formal Proof / Judgment
Legal Issues
- 1 Whether the Defendant is in rent arrears as claimed by the Plaintiff.
- 2 Whether the Plaintiff is entitled to vacant possession of the premises occupied by the Defendant.
- 3 Whether the Plaintiff is entitled to mesne profits and electricity charges from the Defendant.
Ratio Decidendi
The court found that the Plaintiff's case was uncontroverted as the Defendant failed to enter appearance or file a defence. The Plaintiff provided documentary evidence confirming the tenancy relationship, the amount of rent arrears, and the outstanding electricity charges. The court was satisfied that the Plaintiff had proved her claim on a balance of probabilities and was entitled to the reliefs sought, including recovery of arrears, electricity charges, vacant possession, costs, and interest.
Court Disposition
judgment for the plaintiff
Orders
- The Defendant shall pay the Plaintiff Kshs.345,000 as rent arrears.
- The Defendant shall give vacant possession of the premises on Plot No. 623/1/MN within Maweni, Kongowea.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT MOMBASA
ELC CAUSE NO. 39 OF 2017
SHEILA OKANGA...............PLAINTIFF
VERSUS
EVANS ALWAR.................DEFENDANT
JUDGMENT
1. The Plaintiff filed this suit against the Defendant seeking;
a. Kshs128,383/=.
b. Vacant possession of the premises the Defendants occupying within Plot No. 623/1/MN within Maweni, Kongowea.
c. Mesne profit at Kshs.15,000/= per month.
d. Costs of the suit and interest.
2. The Defendant who was duly served with copies of plaint and summons to enter appearance neglected to enter appearance and/or file defence within the prescribed period. Interlocutory judgment was then entered and the matter proceeded to formal proof.
3. It is the Plaintiff case that the Defendant was her tenant on Plot No. 623/1/MN, Maweni, Kongowea. The Defendant was paying Kshs.15,000 per month. That the management of the premises and the rent collection was being undertaken by M/s Elegant Investments (1996) Limited. She produced two letters written by the agents to the Defendant as exhibits P1a, and b respectively. These letters confirm the Defendant was a tenant in the said premises.
4. She further told the court that the Defendant is in rent arrears from May 2016 amounting to Kshs.345,000/=.
5. She also seeks electricity charges amounting to Kshs29,902. 15/=. The receipts were produced as exhibits P2.
6. The Plaintiff later instructed her Advocate to write a demand letter to the Defendant. The same is dated 12th January, 2017. The same was produced as exhibit P3.
7. The Plaintiff’s case has not been controverted. I find that the Plaintiff has proved her case against the Defendant on a balance of probabilities.
8. I enter judgment in her favour as against the Defendant as follows;
a. Kshs.345,000.
b. Vacant possession of the premises the Defendant is occupying within Plot No.623/1/MN within Maweni, Kongowea.
c. Kshs.29,902. 15/= being electricity charges.
d. Costs of the suit and interest.
It is so ordered.
DATED, SIGNED and DELIVERED atMombasa on the13th day ofDecember, 2017.
L. KOMINGOI
JUDGE
13/12/2017