Sayani Investments Limited v Kenya Institute of Professional Studies [2017] KEELC 461 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Scope of the leased premises vis-à-vis common parts
The premises let to the Defendant include the common parts on the 1st and 2nd floors since the Defendant is the sole tenant of those floors with exclusive use.
The joint valuation report confirmed the total space of the two floors. The Defendant runs a college on both floors and has exclusive use of the lift, stairs and corridors serving those floors. Only tenants accessing upper floors would use the stairs. The electrical duct and cleaner store/refuse chute serve those two floors. Where several tenants occupy a floor, common parts would be apportioned pro rata, but here there is only one tenant.
Entitlement to a mandatory injunction
The Plaintiff met the threshold for a mandatory injunction, the case being a clear one fit to be decided at once.
Relying on authority that a mandatory injunction may issue in clear cases where the matter ought to be decided at once, and given the Defendant had filed no defence and the lease terms bound the parties, the court found the threshold met and allowed the application.
Sanctity of contract
Parties are bound by the executed lease; the court cannot rewrite it absent pleaded and proved coercion, fraud or undue influence.
The Plaintiff cited authority that it is not the province of the court to vary duly executed contracts, quoting Shah JA in Fina Bank Ltd v Spares and Industries Ltd that equity will not ordinarily allow a party to escape a bad bargain. The Defendant's claim of misrepresentation over the floor area was not established, and the joint valuers' report confirmed the area approximated 11,000 square feet.
Legal principles established
#- A court of law cannot rewrite a contract between parties; parties are bound by the terms of their contract unless coercion, fraud or undue influence are pleaded and proved.
- Where a tenant is the sole occupier of floors, common parts cannot be apportioned to any other party and the tenant is liable for rent over the gross lettable area.
Court orders
#- 1.The application dated 1/2/2017 is allowed
- 2.Mandatory injunction issued compelling the Defendant to continue paying rent in accordance with the lease without deductions
- 3.The Plaintiff awarded the costs of the suit
- Jurisdiction invoked
- Original civil jurisdiction of the Environment and Land Court over a lease dispute concerning premises in Nairobi
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Sayani Investments Limited v Kenya Institute of Professional Studies [2017] KEELC 461 (KLR)", Case Analysis (2017). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/461/eng@2017-12-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.