Registered Trustees Gertrude’s Gardens v Kenya Medical Women’s Association & another [2017] KEHC 9908 (KLR)
- Court
- High Court of Kenya
- Case number
- 9908
- Citation
- [2017] KEHC 9908 (KLR)
- Decided
- 15 March 2017
The court orders the dispute be referred to arbitration and directs the tenant to pay Kshs. 400,000/- per month, deposit Kshs. 100,000/- monthly into an interest-earning account, and hold the process of levying distress on hold.
Facts
The Kenya Medical Women’s Association owns a property and has a lease agreement with GERTRUDE’S GARDEN CHILDREN’S HOSPITAL. The hospital claimed no rental arrears, while the association claimed Kshs. 6,927,115/50. The hospital paid Kshs. 400,000/- per month, but the association levied distress for Kshs. 500,000/- per month.
Issues
- Quantum of rent
- Arbitration of dispute
Reasoning
The court found the tenant agreed to pay Kshs. 400,000/- per month, but the landlord insisted on Kshs. 500,000/- per month. The court ordered the difference to be held in an interest-earning account until the arbitrator's decision.
Outcome
The case was referred to arbitration.
Orders
- Arbitration of dispute
- Tenant pays Kshs. 400,000/- per month
- Tenant deposits Kshs. 100,000/- monthly into an interest-earning account
- Process of levying distress on hold
Remedies
- Interest-earning account for the difference in rent
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