Borabu Institute of Technology & Training Limited v Josephine Moraa Nyariobi [2012] KEHC 2227 (KLR)
- Court
- High Court of Kenya
- Case number
- 2227
- Citation
- [2012] KEHC 2227 (KLR)
- Decided
- 23 August 2012
The court cannot determine the issues at this interlocutory stage and makes the following orders: release seized goods, security for costs, costs following the main suit, and set the main suit for priority hearing.
Facts
The plaintiff, Borabu Institute of Technology & Training Limited, is a tenant of the defendant, Josephine Moraa Nyariobi, under a lease agreement for six years. The plaintiff spent Kshs.460,000 on renovations, of which Kshs.255,052 was refunded, leaving a balance of Kshs.204,958. The defendant obtained an ex-parte order for distress for rent and attached goods belonging to the plaintiff.
Issues
- Amount of outstanding rent
- Cost of renovation
- Conversion of renovation costs to rent
Reasoning
The court cannot resolve the issues at this stage due to the conflicting claims and the need for a full hearing.
Outcome
Interlocutory application granted
Orders
- Release seized goods upon meeting costs of attachment
- Deposit Kshs.100,000 as security for costs
- Costs follow the main suit
- Set main suit for priority hearing
Remedies
- Release of seized goods
- Security for costs
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