Margaret Kinaro Kimere t/a Nyota Tano v Kenya Planters Co-operative Union & another [2020] KEELC 3517 (KLR)

Facts

The plaintiff, Margaret Kinaro Kimere, was a tenant of the defendant, Kenya Planters Co-operative Union, from 2000 to 2015. The plaintiff was evicted by Eldoret Express Limited, which had acquired the property from the defendant. The plaintiff did not receive notice of the sale and transfer of the property.

Issues

1. Whether the 1st defendant acted carelessly, unlawfully and in breach of the tenancy between it and the plaintiff.
2. Whether the eviction carried out by the 2nd defendant against the plaintiff was unlawful.
3. Whether both or either of the defendants is liable to the plaintiff.
4. Whether the plaintiff is entitled to the reliefs sought and if so what should be the quantum.
5. Who should bear costs of this suit?

Reasoning

The court held that the 1st defendant owed the plaintiff a duty to inform her about the sale and transfer of the property. The 2nd defendant was bound by the existing periodic tenancy and could only terminate it or evict the plaintiff in accordance with the law.

Outcome

Judgment for the plaintiff against the defendants in the sum of Kshs 90,000, Kshs 1,500,000 in general damages, and costs to be borne in the ratio of one third by the 1st defendant and two thirds by the 2nd defendant.

Authorities cited