China Road & Bridge Corporation (K) v Econite Mining Co. Limited & 6 others [2018] KEHC 7864 (KLR)
- Court
- High Court of Kenya
- Case number
- 7864
- Citation
- [2018] KEHC 7864 (KLR)
- Decided
- 29 January 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from the original trial outcomeCoramJUMA MKALA MWABE
Holding
The 1st defendant breached the lease and the plaintiff suffered a loss of Kshs.8,300,000.
Facts
The plaintiff, China Road & Bridge Corporation (K), sued the defendants for breach of lease and loss of Kshs.8,300,000 due to payment to the 2nd-7th defendants on account of the 1st defendant.
Issues
- Did the 1st defendant breach his covenant to the plaintiff in the lease dated 24/8/2014?
- Did the plaintiff suffer loss of Kshs.8,300,000 by payment to the 2nd-7th defendants on account of the 1st defendant?
- What orders are just to grant on costs.
Reasoning
The 1st defendant failed to pay the premium as agreed in the lease, leading to distress for rent. The plaintiff paid Kshs.8,300,000 to the 2nd-7th defendants to avoid distress, and the 1st defendant was found in breach of the lease.
Outcome
The plaintiff's claim for breach of lease and loss of Kshs.8,300,000 is upheld.
Orders
- The 1st defendant is ordered to pay the plaintiff Kshs.8,300,000 for loss of Kshs.8,300,000.
- The 1st defendant is ordered to pay the plaintiff Kshs.2,000,000 for rent due and owing.
Remedies
- Compensation for loss of Kshs.8,300,000.
- Compensation for rent due and owing.
Authorities cited
Legislation (1)
- Land Act
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.
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