Mahican Investments Limited v Tempesta Franca Gianna [2013] KEELC 9 (KLR)
- Court
- Environment & Land Court
- Case number
- 9
- Citation
- [2013] KEELC 9 (KLR)
- Decided
- 20 December 2013
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand CasePosturePlaintiff seeks possession of a house and compensationCoramO. A. Angote
Holding
Plaintiff is entitled to possession of the house and compensation for Euro 15,875.47
Facts
The Plaintiff, Mahican Investments Limited, purchased Karibuni Villas in February 2001. The Defendant, Tempesta Franca Gianna, has a lease for a villa within the villas. The Plaintiff sent a demand letter to the Defendant demanding Euro 6,220.53, but the Defendant did not respond.
Issues
- Plaintiff's right to possession of the house
- Plaintiff's claim for compensation
Reasoning
The court found that the Plaintiff has proved its case on a balance of probability due to the terms of the lease and the Plaintiff's evidence.
Outcome
Plaintiff wins
Orders
- Plaintiff to take possession of the house
- Defendant to pay Euro 15,875.47
- Defendant to pay interest on the compensation
- Defendant to pay costs of the suit
Remedies
- Possession of the house
- Compensation for Euro 15,875.47
- Interest on the compensation
- Payment of costs
Authorities cited
Legislation (2)
- Civil Procedure Code
- Civil Procedure Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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