The Catholic Diocese of Mombasa Registered Triustees v Pereira & 2 others (Suing as the Registered Trustees of Goan Community, Mombasa) & another (Civil Appeal E070 of 2023) [2026] KECA 295 (KLR) (20 February 2026) (Judgment)
- Court
- Court of Appeal
- Case number
- 295
- Citation
- [2026] KECA 295 (KLR)
- Decided
- 20 February 2026
The Appellant breached the agreement by failing to properly maintain and repair the school premises, and the Respondents are the lawful trustees and owners of the subject property. The Appellant is ordered to vacate the premises.
Facts
The Goan Community, Mombasa, handed over the subject property to The Catholic Diocese of Mombasa Registered Trustees for management and sponsorship of a school. The Respondents claimed vacant possession and damages due to the Appellant's alleged breach of the agreement.
Issues
- Whether the Appellant breached the agreement
- Whether the Respondents are the lawful trustees and owners of the subject property
- Whether the Appellant should be ordered to vacate the premises
Reasoning
The Appellant was entrusted with the management of the property and breached the agreement by ceding control to the Government. The Respondents are the lawful trustees and owners, and the Appellant's failure to maintain the premises necessitated the litigation.
Outcome
Appeal dismissed with costs to the Respondents
Orders
- The Appellant is ordered to vacate the premises
Remedies
- Vacant possession of the subject property
- Damages for breach of contract
- Costs of the suit
Authorities cited
Cases cited (3)
- Nkuene Dairy Farmers Co-operative Society & Another vs Ngacha Ndeiya (supra)
- Farah Awad Gullet vs CMC Motors Group Limited (2018) KECA 158 (KLR)
- Jasbir Singh Rai & 3 Others vs Tarlochan Singh Rai & 4 Others (2014) eKLR
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