Sammy Karanja & Escalio Manuel D’silva t/a Sam & Sema Market Centre v Provident Rock Investment Ltd & another [2021] KEELC 2624 (KLR)
- Court
- Environment & Land Court
- Case number
- 2624
- Citation
- [2021] KEELC 2624 (KLR)
- Decided
- 14 June 2021
Summary at a glance
The Plaintiffs' suit is statute barred and is struck out with costs to the Defendants.
Facts
The Plaintiffs were tenants in premises purchased by the 1st Defendant in 2004. The 1st Defendant started collecting rent from sub-tenants in 2005, prompting the Plaintiffs to file a suit for rent arrears and damages.
Issues
- Whether the Plaintiffs' suit is statute barred
Reasoning
Rent arrears are considered mesne profits, and the Plaintiffs' cause of action accrued in April 2005. The six-year limitation period ended in 2011, and the suit was filed in 2019, making it time barred.
Outcome
Struck out with costs
Orders
- The Plaintiffs' suit is struck out with costs to the Defendants.
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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