Nginyo Investment Limited v Mobile Pay Limited [2020] KEHC 3261 (KLR)
- Court
- High Court of Kenya
- Case number
- 3261
- Citation
- [2020] KEHC 3261 (KLR)
- Decided
- 4 September 2020
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from the High Court, Commercial & Tax Division, Nairobi, Civil Suit No. 289 of 2010CoramJustice Maureen A. Odero
Holding
The Court dismissed the Defendant's plea of res judicata and allowed the Defendant's counterclaim for the refund of the security deposit.
Facts
The Plaintiff, Nginyo Investment Limited, filed a suit against the Defendant, Mobile Pay Limited, for rent arrears and other damages. The Defendant filed a counterclaim for the refund of a security deposit.
Issues
- Whether the issues raised by the Plaintiff are res judicata?
- Whether the Plaintiff breached the Defendant's right to quiet possession of the leased premises?
- Whether the Defendant breached the terms of the lease?
- Whether the Defendant properly yielded the leased premises and when?
- Whether the Plaintiff is entitled to rent arrears from June 2010 to April 2012?
- Whether the Defendant illegally and unlawfully blocked the entrance to the building?
- Whether the Defendant is entitled to a refund of the deposit?
- Who is to bear the costs of the suit?
Reasoning
The Court ruled that the issues raised by the Plaintiff were not res judicata and that the Defendant breached the terms of the lease, allowing the Defendant's counterclaim for the refund of the security deposit.
Outcome
The Court ordered the refund of the security deposit to the Defendant.
Orders
- The Defendant is ordered to refund the security deposit of Kshs.422,553.75 to the Plaintiff.
- The costs of the counterclaim are awarded to the Defendant.
Remedies
- Refund of the security deposit
Authorities cited
Cases cited (2)
- Gichinga Kibutha v Caroline Nduku [2018] eKLR
- Uhuru Highway case
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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