Wambua v Kenya Railways Corporation (Environment & Land Case 52 of 2018) [2022] KEELC 4752 (KLR) (30 August 2022) (Judgment)
- Court
- Environment & Land Court
- Case number
- 4752
- Citation
- [2022] KEELC 4752 (KLR)
- Decided
- 30 August 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLandlord and Tenant DisputePostureAppeal from the original trialCoramEK WABWOTO
Holding
The plaintiff's suit against the defendant partly succeeds with a sum of Kshs 9,667,587.00 and USD 9,9980.00 awarded as special damages, and each party to bear their own costs.
Facts
The plaintiff, JACINTA MUTHOKI WAMBUA, was a tenant in defendant, Kenya Railways Corporation's, property at No. 6, Riverside Estate Nairobi. The plaintiff was evicted on January 26, 2018, and sued for unlawful eviction and breach of contract.
Issues
- Whether the plaintiff's eviction was lawful and justified.
- Whether the remedies sought are available.
- Who should bear the costs of the suit.
Reasoning
The court found that the eviction was lawful due to the plaintiff's breach of the lease agreement, evidenced by a notice dated October 2, 2017, requiring the plaintiff to vacate the premises by October 31, 2017.
Outcome
Partially in favor of the plaintiff with specific monetary damages and costs.
Orders
- A sum of Kshs 9,667,587.00 and USD 9,9980.00 awarded as special damages.
- Interest on the special damages from the date of judgment until payment in full.
- Each party to bear their own costs of the suit.
Remedies
- Special damages awarded to the plaintiff.
- Interest on the special damages.
- Costs to be borne by each party.
Authorities cited
Legislation (4)
- Land Registration Act, 2012
- Land Act
- Land Registration Act, 2012
- Land Act
Cases cited (4)
- Mwangi v Kiiru
- James Kariuki Kanyeki & another v Blue Water Properties Limited
- National Bank of Kenya Limited v Pipeplastic Samkolit (K) Ltd
- Edward Mugambi v Jason Mathu
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.
Loading judgment…