Beltrami v Mtwapa Bay Investments Ltd (Civil Appeal E045 of 2021) [2024] KECA 78 (KLR) (9 February 2024) (Judgment)
- Court
- Court of Appeal
- Case number
- 78
- Citation
- [2024] KECA 78 (KLR)
- Decided
- 9 February 2024
The Court held that the tenancy relationship subsisted after the sale agreement collapsed and that the appellant's previous advocates' mistakes do not constitute abuse of court process.
Facts
The appellant, Mariangela Beltrami, operated a bar and restaurant on the suit premises belonging to the respondent, Mtwapa Bay Investments Limited, at a monthly rent of KShs. 150,000. The respondent offered the premises for sale to the appellant in 2014, but the sale agreement collapsed due to the appellant's failure to pay the remaining €250,000. The appellant subsequently filed multiple suits against the respondent, including injunctions and claims for subdivision of the property.
Issues
- Whether the tenancy relationship subsisted after the sale agreement collapsed.
- Whether the appellant's previous advocates' mistakes in filing cases in wrong divisions and bringing in non-parties to the sale agreement constitute abuse of court process.
Reasoning
The Court found that the tenancy relationship continued after the sale agreement collapsed, as evidenced by the execution of new lease agreements. The Court also dismissed the appellant's argument that her previous advocates' mistakes constitute abuse of court process.
Outcome
The appeal was dismissed with costs to the respondent.
Orders
- The ruling and orders of the High Court (J. O. Olola, J.) are hereby upheld.
Authorities cited
Cases cited (1)
- Habo Agencies Limited vs. Wilfred Odhiambo Musingo [2015] eKLR
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