Geranium Investment Ltd v Bruno Valbonesi & another [2019] KEELC 1244 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Breach of the sale agreement by dishonoured instalments
The Defendants were in breach of Clause 3b of the Agreement; the breach entitled the Plaintiff to vacant possession
Of the 21 promissory notes of Lira 15,000,000/- each, only the first was honoured. The only other payment acknowledged was the Lira 42,000,000/- proceeds from the Italian house. Alleged payments via Carla Bichi and the valuation of the Italian house at Lira 170,000,000/- were unsupported by documents. Clause 3b provided that non-payment of any instalment nullified the Agreement.
Defendants' claim for completion costs and Counterclaim damages
The Counterclaim failed for want of proof; the Defendants bore the burden of evidencing the expenditure and payments
The Defendants asserted Kshs 2.8 Million completion costs and total payments of Lira 450,000,000/- but produced no documentary evidence. The Motor vehicle offered as part payment was rejected for want of a log book. Nothing would have been easier than producing proof of the alleged payments.
Mesne profits for wrongful occupation
Mesne profits awarded at Lira 10,000/- per month from filing of the suit until vacant possession, notwithstanding the claim for Lira 30,000/- per month
Following the Court of Appeal in Attorney General v Halal Meat Products Ltd, the Plaintiff, wrongfully deprived of its property for the 20-year period of occupation, was entitled to mesne profits. The court moderated the quantum claimed from Lira 30,000/- to Lira 10,000/- per month.
Legal principles established
#- A person wrongfully deprived of property is entitled to damages known as mesne profits for the period of wrongful occupation
Court orders
#- 1.The Defendants' Counterclaim is dismissed
- 2.Judgment entered for the Plaintiff against the Defendants jointly and severally as prayed in the Plaint, save for the assessment of mesne profits
- 3.Mesne profits awarded at Lira 10,000/- per month from the time the suit was filed until vacant possession is granted
- 4.The Plaintiff to have vacant possession of the premises
- 5.The Plaintiff awarded costs of the suit and of the Counterclaim
- Jurisdiction invoked
- Original civil jurisdiction over a land sale and possession dispute, transferred to and tried by the Environment and Land Court at Malindi
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Geranium Investment Ltd v Bruno Valbonesi & another [2019] KEELC 1244 (KLR)", Case Analysis (2019). ELC No. 167 of 2014 (formerly Mombasa HCCC No. 485 of 1998; Malindi HCCC No. 5 of 2002; Mombasa HCCC No. 247 of 2007). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/1244/eng@2019-10-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.