Owino Okeyo and Co Advocates v Kenya National Assurance (2001) Limited & another [2021] KEHC 2447 (KLR)
- Court
- High Court of Kenya
- Case number
- 2447
- Citation
- [2021] KEHC 2447 (KLR)
The court finds that the plaintiff was in breach of the lease agreement and is entitled to the sum of Kshs.2,002,167.14 as rent arrears and service charge.
Facts
The plaintiff, Owino Okeyo & Co. Advocates, was a tenant of the suit property, and the defendants, Kenya National Assurance (2001) Limited and Chaka Agencies, entered into a lease agreement. The plaintiff defaulted on rent payments, leading to the defendants' declaration of goods under the guise of distress for rent.
Issues
- Whether the plaintiff was in breach of the lease agreement
- Whether the defendants are entitled to the outstanding sums in rent arrears
Reasoning
The court considered the evidence and concluded that the plaintiff failed to consistently pay rent and related sums agreed upon, thus breaching the lease agreement.
Outcome
The court entered judgment in favor of the defendants, Kenya National Assurance (2001) Limited, and against the plaintiff, Owino Okeyo & Co. Advocates, in the sum of Kshs.2,002,167.14 together with costs of the suit and interest.
Orders
- Judgment in favor of the defendants on the amended counterclaim
Remedies
- The plaintiff is ordered to pay the sum of Kshs.2,002,167.14 to the defendants
Authorities cited
Legislation (1)
- Limitation of Actions Act, Cap. 22 Laws of Kenya
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