Harithi Ali Abdulkadir (suing as the attorney of Ali Abdulhari Abdalla v Daniel T. Haller [2016] KEELC 588 (KLR)
- Court
- Environment & Land Court
- Case number
- 588
- Citation
- [2016] KEELC 588 (KLR)
The application is dismissed with costs as the Plaintiff's request for rent arrears and eviction are the same as those sought in the Plaintiff's original claim, and the amount of rent due cannot be determined without full trial.
Facts
The Plaintiff, Harithi Ali Abdulkadir, sues the Defendant, Daniel T. Haller, for rent arrears and eviction. The Plaintiff claims the Defendant is in breach of the lease agreement and has failed to carry out repairs. The Defendant claims he has made improvements and that the Plaintiff is in breach of the lease.
Issues
- Who is in breach of the lease agreement
- Whether any rent is due to the Plaintiff
Reasoning
The court finds the application unmeritorious because the Plaintiff's request for rent arrears and eviction are the same as those sought in the Plaintiff's original claim, and the amount of rent due cannot be determined without full trial.
Outcome
The application is dismissed with costs
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