Plaza Trust Limited v Hardrock Café Limited & 2 others [2015] KEHC 1809 (KLR)
- Court
- High Court of Kenya
- Case number
- 1809
- Citation
- [2015] KEHC 1809 (KLR)
- Decided
- 30 September 2015
The plaintiff is entitled to be compensated for the costs incurred in renovating the premises and is awarded Kshs. 2,426,505.90 with interest at 19% per year from the date of filing suit until payment in full.
Facts
The plaintiff, Plaza Trust Limited, owns Barclays Plaza and leased the premises to the 1st defendant, Hardrock Café Limited, for a period of 6 years from 1st September 1993. The lease expired on 31st August 1999, but the 1st defendant continued to occupy the premises as a trespasser until 16th March 2000. The plaintiff then recovered possession and incurred costs and damages.
Issues
- obligations of the 2nd and 3rd defendants
- vacation of the suit premises
- rent and service charge arrears
- premises restoration
- damages and costs
Reasoning
The court finds that the plaintiff has proved its claim for damages and compensates the plaintiff for the costs incurred in renovating the premises. The plaintiff's claim for Kshs. 3,732,296.20 is not pursued in this suit.
Outcome
The plaintiff is awarded Kshs. 2,426,505.90 with interest and costs of the suit.
Orders
- The plaintiff is awarded Kshs. 2,426,505.90 with interest at 19% per year from the date of filing suit until payment in full.
- The plaintiff shall have costs of the suit.
Remedies
- Compensation for the costs incurred in renovating the premises.
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