Edith Chewanjel Masai v Farid Mohsen [2018] KEELC 1006 (KLR)
The bottom line
#A Kitale court ruled that a tenant who ignores a valid notice to vacate must pay the landlord's full legal costs, even after finally moving out.
What this practically means
#Executive summary
#Key legal issues
#Validity and sufficiency of the notice to vacate
The notice dated 28/9/2012 was validly served and sufficient; the lease had expired by the time of the first demand, and the plaintiff could give notice in her own or her agent's name
The lease of 9/9/2010 was for one year requiring one month's notice and was never renewed. The defendant received the notice on 4/12/2012 and intimated he would vacate but stayed on until November 2017. The court found about three and a half months was sufficient to enquire into the plaintiff's right to possession, and the agent's name on the tenancy agreement did not invalidate the plaintiff's notice.
Whether the defendant had reasonable cause to remain in occupation
No; absence of any dispute over the plaintiff's ownership or correspondence contesting her authority meant the stay-on was wilful
The defendant alleged the notice was backdated and inadequate but produced no correspondence disputing the plaintiff's ownership. After the plaintiff acquired title the defendant still remained, showing that the notice or ownership issue was not the true cause. A dispute with Charles Musani would have been a plausible reason to stay, but none was demonstrated.
Costs of the suit
Costs awarded in full to the plaintiff because the defendant's wilful conduct occasioned the suit
Had the defendant vacated within 30 days of receiving notice, the suit would have been unnecessary. His failure to vacate despite multiple notices from the plaintiff and her brother's advocates showed intent only to harass the plaintiff. The court therefore exercised its discretion to award full costs against him.
Legal principles established
#- A landlord may issue a notice to vacate personally or through an agent
- A tenant served with a notice to vacate who stays on beyond the notice period without disputing the owner's title incurs liability for the full costs of eviction proceedings
Court orders
#- 1.Judgment entered in favour of the plaintiff against the defendant
- 2.The defendant shall pay to the plaintiff the full costs of the suit, to be agreed on or taxed in default of agreement
- Jurisdiction invoked
- Original civil suit by plaint (not stated in judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Edith Chewanjel Masai v Farid Mohsen [2018] KEELC 1006 (KLR)", Case Analysis (2018). Not stated in judgment (plaint dated 13/3/2013). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/1006/eng@2018-10-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.