James Kariuki Kanyeki & another v Blue Water Properties Limited [2021] KEELC 90 (KLR)

Facts

The Plaintiffs, James Kariuki Kanyeki and Wamukota Toki, are the registered legal and absolute owners of the land and its developed permanent structure. The Defendant, Blue Water Properties Limited, entered into a lease agreement with the Plaintiffs for the refurbishment of the property. However, the Defendant failed to fulfill its obligations, causing substantial damage to the property.

Issues

1. Whether the lease agreement should be rescinded due to non-compliance with its terms.
2. Whether the Plaintiffs are entitled to a permanent injunction against the Defendant.
3. Whether the Plaintiffs are entitled to the orders sought in the amended plaint.
4. Who should bear the costs.

Reasoning

The lease agreement created a high legitimate expectation for the Plaintiffs, and the Defendant's breach of the agreement resulted in substantial damage to the property. The Plaintiffs are entitled to the orders sought in the amended plaint.

Outcome

The lease agreement is rescinded, and the Plaintiffs are granted a permanent injunction and special damages.

Authorities cited