Mistry Jadva Parbat & Co. (Epz) Limited v Mega Garments Industries Kenya (Epz) Limted [2015] KEELC 212 (KLR)
- Court
- Environment & Land Court
- Case number
- 212
- Citation
- [2015] KEELC 212 (KLR)
- Decided
- 30 July 2015
The court allows the plaintiff's application for vacant possession and orders the defendant to surrender the premises within 60 days. If the defendant fails to do so, the plaintiff is at liberty to execute.
Facts
The plaintiff, Mistry Jadva Parbat & Co. (EPZ) Limited, seeks vacant possession of land known as land reference number MN/V/655 from the defendant, MEGA Garments Industries Kenya (EPZ) Limited. The plaintiff claims the defendant has no title to the land and is therefore trespassing.
Issues
- Whether the defendant has a valid lease and reasonable expectation for an automatic extension
- Whether the defendant is in rent arrears or breaching the tenancy
- Whether the plaintiff's claim for mesne profits is valid
Reasoning
The court found that the defendant had a valid lease and reasonable expectation for an automatic extension, but the plaintiff's claim for mesne profits is based on a valuation report that includes improvements made by the defendant. The court allows the defendant to present its case on the rent dispute.
Outcome
The application is allowed with costs.
Orders
- The defendant is ordered to surrender the premises within 60 days.
- If the defendant fails to surrender the premises, the plaintiff is at liberty to execute.
Remedies
- Vacant possession of the land
Authorities cited
Legislation (2)
- Environment and Land Court Act 2011
- EPZ Act, Cap 517 of the Laws of Kenya
Cases cited (2)
- ICDC Vs Daber Enterprises Ltd. (2000) /EA 75
- Kasturi Supra
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