MANSTYLE LIMITED vs KABANSORA LIMITED [1996] KEHC 33 (KLR)
- Court
- High Court of Kenya
- Case number
- 33
- Citation
- [1996] KEHC 33 (KLR)
- Decided
- 18 January 1996
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureDefendant's Application for Summary JudgmentCoramA.I. Hayanga
Holding
The application is dismissed with costs to the Plaintiff.
Facts
The Defendant claims the Plaintiff breached a fundamental term of the contract of lease by unlawfully subletting the premises to various parties. The Plaintiff denies subletting and disputes the Defendant's right to terminate the lease.
Issues
- Whether the Plaintiff sublet the suit premises
- Whether any breaches amounted to a fundamental breach
Reasoning
The court found that the Defendant raised prima facie triable issues and that the Plaintiff's defense was not unreasonable. The court believes the issues should proceed to trial.
Outcome
Defendant's Application for Summary Judgment dismissed
Authorities cited
Cases cited (1)
- GUPTA VERSUS CONTINENTAL BUILDERS LIMITED (1978) KLR 83
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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