Esther Kathini Mbuvi v Michael Mackenzie Musembi [2016] KEELC 1115 (KLR)
- Court
- Environment & Land Court
- Case number
- 1115
- Citation
- [2016] KEELC 1115 (KLR)
- Decided
- 29 January 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureSummary JudgmentCoramS. OKONG’O
Holding
The Defendant's defense is found to be a sham, and the Plaintiff is awarded mesne profits at the rate of Kshs.44,000/= per month.
Facts
The Plaintiff is the registered owner of a parcel of land known as LR Nairobi/Block 93/878, where she constructed a house. The Defendant was the Plaintiff's tenant on the property until 31st March 2015. The Plaintiff offered a new tenancy agreement with a revised rent but the Defendant refused. The Plaintiff served a notice to vacate the property on or before 1st June 2015, but the Defendant continued to occupy the property.
Issues
- Whether the Defendant was the Plaintiff's tenant until 31st March 2015
- Whether the Plaintiff is entitled to mesne profits
Reasoning
The Defendant did not provide a reasonable defense and counter-claim, and the Plaintiff's claim for mesne profits is not justified.
Outcome
Summary Judgment in favor of the Plaintiff
Orders
- The Defendant shall vacate and hand over possession of the suit property to the Plaintiff within 60 days from the date of the judgment.
- The Plaintiff shall have mesne profits at the rate of Kshs.44,000/= per month with effect from 1st April 2015 until vacant possession is given.
Remedies
- Vacant possession of the suit property
- Mesne profits at the rate of Kshs.44,000/= per month
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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