Hydromasters Drilling Company v Ngong Butchers Co-operative Society Ltd [2021] KEELC 692 (KLR)
- Court
- Environment & Land Court
- Case number
- 692
- Citation
- [2021] KEELC 692 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from a previous decisionCoramM.N. Gicheru
Holding
The court dismisses the application due to lack of evidence of rent payment and the current occupation by the defendant.
Facts
The plaintiff, Hydromasters Drilling Company, leased the suit premises to the defendant, Ngong Butchers Co-operative Society Ltd, in 2010. The plaintiff spent Ksh. 47 million in developing the premises into a shopping mall. The defendant has not paid rent and has been harassing the occupants and breaking into the shops.
Issues
- Has the plaintiff established a prima facie case with a probability of success?
- Does the balance of convenience tilt in the plaintiff's favor?
Reasoning
The plaintiff has not provided evidence of rent payment for the relevant period as per the lease agreement. The defendant is currently in occupation of the premises, and changing the status quo without proof of rent payment would not be fair or reasonable.
Outcome
The application is dismissed.
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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