Paul Ng’ang’a Mbuthia v Anastacia Wariara Wagiciengo [2020] KEELC 1416 (KLR)

Summary at a glance

Facts

The plaintiff, Paul Ng’ang’a Mbuthia, leased land from the defendant, Anastacia Wariara Wagiciengo, for a period of 6 years. The lease was terminated by the defendant on 1/8/2012, and the plaintiff continued to operate on the land despite rent arrears.

Issues

• Whether the tenancy contract was varied to reduce the monthly rent
• Whether the defendant breached the tenancy contract
• Whether the plaintiff breached the tenancy contract
• Whether the plaintiff is entitled to the reliefs sought in the plaint
• Whether the defendant is entitled to the reliefs sought in the counter-claim
• What order should be made in relation to costs of this suit

Reasoning

The court found no variation of the terms of the tenancy contract and that the plaintiff breached the lease by failing to pay rent as agreed. The defendant was entitled to re-enter the premises and take possession.

Outcome

The plaintiff's suit is dismissed, and the defendant's counterclaim is allowed for Kshs 5,950,000 plus interest.

Orders

• The plaintiff's suit is dismissed for lack of merit.
• The defendant's counterclaim is allowed for Kshs 5,950,000 plus interest.
• The Plaintiff shall bear costs of this suit and the counter-claim.

Remedies

• Court order for the defendant to re-enter the premises and take possession.
• Court order for the plaintiff to pay rent as agreed.