Peter Kamau Kimondo v Beatrice Nthuli t/a Amazing Grace Church [2022] KEELC 2058 (KLR)

Facts

The plaintiff's deceased father entered into a lease agreement with the defendant for a property known as Plot No. Mombasa/MS/Block III/462. The defendant occupied the property as a tenant from January 2011 to September 2015. The defendant failed to pay rent and entered into an agreement with a third party, Douglas M. Njoroge, without the plaintiff's consent. The defendant vacated the property on September 30, 2015.

Issues

1. Whether the defendant's failure to pay rent and enter into an agreement with a third party constitutes a breach of contract.
2. Whether the defendant's vacating the property on September 30, 2015, constitutes frustration of the contract.

Reasoning

The court considers the evidence and finds that the defendant's failure to pay rent and enter into an agreement with a third party does not constitute a breach of contract. The defendant's vacating the property on September 30, 2015, is found to be due to the feuding parties' actions, not the defendant's fault.

Outcome

Dismissal of the suit with no orders as to costs

Authorities cited