MADHAVJI HARJI JETHWA & 2 OTHERS vs ATLANTIC ENGINNERING & PLUMBING WORKS LIMITED [2001] KEHC 723 (KLR)
- Court
- High Court of Kenya
- Case number
- 723
- Citation
- [2001] KEHC 723 (KLR)
- Decided
- 5 April 2001
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeals from the Ruling of the District Magistrate, E. Areba, dated 6.7.1992 dismissing the Landlords' application for summary judgment.CoramMr. Gikandi., P.N. Waki
Holding
The Appeal is dismissed.
Facts
The Landlords filed six suits against tenants who occupy workshops developed by them on Plot No. Mombasa Block/XIX/206 on Likoni Road. The District Magistrate, E. Areba, dismissed the Landlords' application for summary judgment.
Issues
- Declaration that the Defendants do pay to the Plaintiffs rental at the rate of shs.3,500/ - every month in respect of the said front workshop premises with effect from 1st February, 1992.
- Judgment for: (a) Shs.7416/ - being balance of arrears of rent for the months of February – May, 1992, inclusive for the said front workshop premises.
- (b) Interest calculated monthly at court rates on the said balance of arrears of rent from the due date of payment thereof by the Defendants to the Plaintiffs.
- (c) Costs of the suit and incidental thereto and interest thereon at 14% per annum.
- (d) Such further or other relief
Reasoning
The Landlords sought a declaration and judgment for arrears of rent and interest, but the District Magistrate dismissed the application for summary judgment.
Outcome
Appeals dismissed.
Orders
- The Respondents (Tenants) shall bear the costs of the Appeal and the Plaintiffs (Landlords) costs of the Application in the Lower Court.
- Both costs shall be taxed if not agreed.
- The Respondents (Tenants) shall prosecute the Application filed before the Tribunal (No.323/92) within 30 days. To this end the file shall be returned forthwith to the Tribunal for fixing an early hearing date within that period.
Remedies
- Costs of the Appeal and the Plaintiffs' costs of the Application in the Lower Court.
- Prosecution of the Application filed before the Tribunal (No.323/92) within 30 days.
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…