Mepukori Pere v Samuel Gicheru & another [2021] KEELC 1984 (KLR)
- Court
- Environment & Land Court
- Case number
- 1984
- Citation
- [2021] KEELC 1984 (KLR)
- Decided
- 16 September 2021
The Court found that the Defendants are in possession of the suit land and owe rent arrears, and since there is no subsisting lease, the Plaintiff is entitled to an eviction order.
Facts
The Plaintiff, Mepukori Pere, claimed ownership of land parcel NGONG/NGONG/57649 in Magadi Road, Ongata Rongai. He alleged that the Defendants, Samuel Gicheru and Endolvine Investment Limited, had breached a lease agreement by defaulting on rent payments and failing to vacate the property.
Issues
- Whether an eviction order should issue against the Defendants
- Whether the Plaintiff is entitled to recovery of rent arrears
- Whether the Plaintiff is entitled to General Damages and Mesne Profits
- Who should bear the costs of the suit
Reasoning
The Court relied on Section 60 of the Land Act, which states that a lessee's obligations continue until they cease to be in possession of the land. The Defendants' failure to vacate the property and pay rent arrears, despite being directed to do so, led to the Court's decision.
Outcome
The Plaintiff's application for an eviction order was granted.
Orders
- An eviction order against the Defendants jointly and severally from all that parcel of land known as Land Reference Number NGONG/NGONG/57649
Remedies
- Recovery of outstanding rent arrears
- Mesne profits to be assessed by the Hon. Court
- General damages
- Costs of the suit
Authorities cited
Legislation (1)
- Land Act
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