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ELCAllowedELC Case No. 86 of 2016· [2017] KEELC 2286 (KLR)

Sheikha Mohamed Ali (Alias Shukha Mohamed Ali) & 4 otherrs v Hamid Mohamed Abdulkadir [2017] KEELC 2286 (KLR)

Environment and Land Court
11 May 2017
CYC. Yano
1,575 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Mombasa court ordered a tenant to vacate, pay Kshs 1.2 million in rent arrears, plus monthly damages, after he failed to prove he had paid.

What this practically means

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Executive summary

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The plaintiffs, registered proprietors of Subdivision No. 619/Section 1/Mainland North (Original Number 50/2) measuring about 12.92 acres, sued the defendant for vacant possession, rent arrears from October 1997 to May 2015 (Kshs. 1,209,500), mesne profits from 1st June 2015, costs and interest. They alleged that in 1996 the defendant leased the property for a term running from 1st October 1995 to 30th September 2025 at a graduated monthly rent, that he defaulted from October 1997, and that a one-month termination notice issued on 22nd April 2015 expired on 31st May 2015 without the defendant vacating. The defendant, in his defence, admitted the plaintiffs' registration and the lease but contended the original plot ceased to exist upon subdivision in October 2005, that the lease commenced on 1st January 1997, and that he had paid Kshs. 500,307.00 and was not in arrears. The matter proceeded ex parte on 20th February 2017 after service, the defendant and his advocate not attending. PW1, the 1st plaintiff, produced the certificate of title, lease agreement, demand letters and termination notice. The court found the defendant's allegation of payment unsupported by any evidence, held that the plaintiffs had proved their case on a balance of probabilities, and entered judgment for the plaintiffs: vacant possession or eviction, rent arrears of Kshs. 1,209,500, mesne profits at Kshs. 6,500 per month from 1st June 2015 until vacant possession, and costs of the suit.

Key legal issues

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01

Whether the plaintiffs proved their claim for rent arrears, termination of the lease and vacant possession

Holding

The court held that the plaintiffs proved their case on a balance of probabilities; the defendant, despite admitting the lease and alleging payment, adduced no evidence, and judgment was entered for vacant possession, rent arrears and mesne profits.

Reasoning

The plaintiffs produced the certificate of title, the lease agreement, demand letters and the notice of termination. The defendant was duly served with the hearing notice but did not attend or adduce evidence. Although his defence alleged payment of rent totalling Kshs. 500,307.00, there was nothing to support that allegation. The court found the defendant in rent arrears, found the lease validly terminated, and held his continued occupation from 1st June 2015 wrongful, entitling the plaintiffs to mesne profits.

p. 3

Legal principles established

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  • A lessee who fails to pay rent and remains in occupation after termination of the lease is liable to give vacant possession and to pay rent arrears and mesne profits.

Court orders

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  1. 1.The defendant to give vacant possession or be evicted from parcel of land Subdivision Number 619 Section 1 Mainland North (optional Number 50/2)
  2. 2.Rent arrears of Kshs. 1,209,500.00
  3. 3.Mesne profits at the rate of Kshs. 6,500 per month from 1st June 2015 until vacant possession is given
  4. 4.The defendant to pay costs of the suit
Jurisdiction invoked
Original civil jurisdiction of the Environment and Land Court over disputes relating to land (suit property Subdivision No. 619/Section 1/Mainland North)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Sheikha Mohamed Ali (Alias Shukha Mohamed Ali) & 4 otherrs v Hamid Mohamed Abdulkadir [2017] KEELC 2286 (KLR)", Case Analysis (2017). ELC Case No. 86 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/2286/eng@2017-05-11

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.