Vinodeep Investments Property Ltd v Henkel Polymer Company Limited & 2 others [2018] KEELC 1424 (KLR)
- Court
- Environment & Land Court
- Case number
- 1424
- Citation
- [2018] KEELC 1424 (KLR)
The 1st defendant breached the lease by failing to pay rent, restore the premises, and deliver vacant possession. The 2nd and 3rd defendants are jointly and severally liable for the breach.
Facts
The plaintiff, Vinodeep Investments Property Limited, leased space on the 2nd floor of Vinodeep Towers to the 1st defendant, Henkel Polymer Company Limited, under a lease dated 4/12/1977. The lease was for five years and six months, from 1/7/1996 to 31/12/2001. The 1st defendant fell into rent arrears and failed to give vacant possession of the premises.
Issues
- Whether the 1st defendant breached the terms of the lease
- Whether the 2nd and 3rd defendants are liable for the breach
- The appropriate relief in the event of proof of liability
Reasoning
The lease was executed by the plaintiff's predecessor in title and bound the plaintiff and the 1st defendant. The 1st defendant was in rent arrears and failed to restore the premises and deliver vacant possession. The 2nd and 3rd defendants are jointly and severally liable for the breach.
Outcome
Judgment in favor of the plaintiff for Kshs 2,375,210.50, interest, and costs.
Orders
- Rent areas as at 31/12/2001 Kshs 1,096,399.90
- Equivalent of rent for the period 1/1/2001 to 30/9/2002 Kshs 2,090,592.00
- Utility Bills Kshs 14,162.05
- Architect Fees Kshs 7,080.00
- Costs of Repairs Kshs 263,376.00
- Net Award Ksh 2,375,210.50
- Interest on the net award from the date of filing suit
- Costs of the suit
Remedies
- Rent areas as at 31/12/2001
- Equivalent of rent for the period 1/1/2001 to 30/9/2002
- Utility Bills
- Architect Fees
- Costs of Repairs
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