Ganshyambhai Desaibhai Patel & another v Kenya Airports Authority [2017] KEELC 3819 (KLR)
The bottom line
#Kenya's High Court dismissed tenants' claim against Kenya Airports Authority because they never submitted the required building plans when requesting lease approval.
What this practically means
#Executive summary
#Key legal issues
#Whether the Defendant breached the Lease Agreement by failing to approve construction of a perimeter wall
No breach found; the Plaintiffs' approval requests were incomplete because they omitted the plans, drawings or specifications required by Clause 2(b)(i) of the Lease
Clause 2(b)(i) required the lessee to submit plans, drawings and/or specifications to the lessor's engineering department before commencing construction. The Plaintiffs' letters from January 2011 to September 2011 sought approval but attached no plans or drawings, contrary to the clause. PW1's claim in cross-examination that maps and plans had been attached was not supported by evidence, so the Defendant could not be blamed for the failure to approve.
What remedies accrue to the Plaintiffs
No injunction or damages flow from a finding of no breach; instead the court directed a fresh, complete application and a timely decision by the Defendant
Having found the Defendant not in breach, the court held that an injunction could not issue and damages could not flow. In lieu, the court directed the Plaintiffs to submit a complete application within 45 days and the Defendant to decide approval or disapproval within 45 days of receipt, importing a reasonableness obligation on the Defendant.
Legal principles established
#- A breach of contract occurs when a party fails to fulfil the obligations imposed on them by the terms of the contract
- A lessee seeking a lessor's approval for construction must comply strictly with the contractual procedure, including submission of plans and drawings
Court orders
#- 1.The Plaintiffs' orders sought in prayers No. (a), (b), (c), (d) and (e) are disallowed
- 2.The Plaintiffs to submit a complete application to the Defendant within 45 days from the date of the judgment
- 3.The Defendant to issue its decision on whether the application is approved or not within 45 days after receipt of the complete application
- 4.Each party to bear its own costs
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court under Article 162(2)(b) of the Constitution (as the court of first instance over disputes relating to land)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ganshyambhai Desaibhai Patel & another v Kenya Airports Authority [2017] KEELC 3819 (KLR)", Case Analysis (2017). ELC Case No. 728 of 2012. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/3819/eng@2017-10-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.