UNIVERSAL EDUCATION TRUST FUND v MONICA CHOPETA [2012] KEHC 5012 (KLR)
- Court
- High Court of Kenya
- Case number
- 5012
- Citation
- [2012] KEHC 5012 (KLR)
The court finds that the plaintiff has proved the defendant breached a term of the written agreement and is entitled to terminate the lease agreement and obtain vacant possession of the house. The court enters summary judgment for the plaintiff, awarding Ksh. 280,000, mesne profits, and costs.
Facts
The plaintiff, Universal Education Trust Fund, is the registered owner of a plot of land where a house No. 11 is located. Monica Chopeta was the plaintiff's former employee and was renting the house on a month-to-month basis. The lease agreement provided Chopeta with an option to purchase the house after 5 years, with the rental paid up to that point being part of the purchase price. Chopeta defaulted on rent payments, and the plaintiff sought summary judgment for Ksh. 280,000, vacant possession of the house, and mesne profits.
Issues
- Whether the defendant breached the lease agreement
- Whether the plaintiff is entitled to summary judgment
Reasoning
The court relies on the parol evidence rule, which forbids the introduction of extrinsic evidence to alter the written agreement. The defendant's defense and counterclaim were based on oral representations that were not supported by the written agreement. The court finds that the defendant did not show a bona fide issue that can go for trial.
Outcome
Summary judgment granted to the plaintiff
Orders
- The defendant shall give the plaintiff vacant possession of house No. 11 within 30 days from the date of the judgment.
- Judgment is entered for the plaintiff for Ksh. 280,000 plus mesne profits of Ksh. 10,000 per month from 1st July 2010 until the defendant grants vacant possession.
- The plaintiff is awarded interest at court rate on the amount of Ksh. 280,000 and the mesne profits.
- The plaintiff is awarded costs of the Notice of motion dated 31st August 2010 and costs of this suit.
Remedies
- Vacant possession of the house
- Mesne profits
- Interest on the amount of Ksh. 280,000
- Costs of the Notice of motion and costs of the suit
Authorities cited
Cases cited (3)
- Gohil –v- Wanai [1983] KLR 489
- Zola –v- Ralli Brother [1969] E.A 691
- MUTHUURI VS NATIONAL INDUSTRIAL CREDIT BANK LTD [2003] KLR 145
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