Ahmed v Nairobi City Water & Sewerage Company (Complaint 4 of 2023) [2024] WAT 1199 (KLR) (5 July 2024) (Ruling)
- Court
- WAT
- Case number
- 1199
- Citation
- [2024] WAT 1199 (KLR)
- Decided
- 5 July 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeWater Supply DisputePostureAppeal from a decision to disconnect water supplyCoramHON B.M OCHOI
Holding
The Appellant's appeal fails, and he is not entitled to a refund of Ksh.20,000. The Appellant will pay the balance of Ksh.51,043 in three monthly instalments.
Facts
The appellant, Ahmed, sought a permanent restraining order and refund against the Nairobi City Water & Sewerage Company (NWC) for a water bill of Ksh.70,491.14 allegedly incurred by a tenant, Laxman Patel Mulji, on his premises. Ahmed claimed he was forced to pay Ksh.20,000 to avoid disconnection.
Issues
- Whether the landlord is liable to pay a water bill left by a tenant who has vacated a premise
- Whether the respondent should pursue the tenant for the unpaid bill
Reasoning
The court found that the contract for water supply was between the landlord and the respondent, not between the respondent and the tenant. The landlord's obligation is to ensure that all bills are paid during the tenancy.
Outcome
Appeal dismissed
Orders
- Appellant to pay Ksh.51,043 in three monthly instalments
- Appellant to pay costs of the suit
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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