Motorline Limited v Allex Motors Limited & 2 others (Environment & Land Case 704 of 2015) [2025] KEELC 3952 (KLR) (22 May 2025) (Judgment)
- Court
- Environment & Land Court
- Case number
- 3952
- Citation
- [2025] KEELC 3952 (KLR)
- Decided
- 22 May 2025
The court found that the lease agreement had terminated by euxion of time, and the Defendants had vacated the suit property in July 2020. There was no material breach of the terms of the lease agreement by the Defendants, and there are no rental arrears owing to the Plainti by the Defendants.
Facts
Motorline Limited sued Allex Motors Limited and Triple N Car Clinic Limited for breach of a lease agreement, unpaid rent, and mesne profits. The lease agreement was for six years, from July 15, 2014, to July 2020. The 1st Defendant (Allex Motors Limited) sublet the property to the 2nd Defendant (Triple N Car Clinic Limited) without the 1st Defendant's consent.
Issues
- Whether the 1st Defendant breached the lease agreement by subletting the property.
- Whether the 1st Defendant is in rental arrears.
- Whether the Plainti is entitled to mesne profits from the 2nd Defendant.
Reasoning
The court adhered to the principle that courts do not make contracts for the parties and cannot re-write the terms of the contract. The Plainti claimed subletting was in breach of the lease agreement, but the court found that the lease had terminated and there was no evidence of unpaid rent.
Outcome
The Plainti's claims were dismissed.
Authorities cited
Cases cited (2)
- Trollope Colls Ltd v North West Metropolitan Regional Hospital Board (1973) 1 WLR 601
- The Law of Guarantees by Geraldine Andrews & Richard Millet 2nd Edition
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