Mavic Investments Company Limited v Little Sheep Investments Limited (Environment & Land Case 105 of 2019) [2024] KEELC 101 (KLR)
The bottom line
#A Nairobi court dismissed a landlord's bid for vacant possession because it proved neither rent arrears nor a properly accepted termination notice.
What this practically means
#Executive summary
#Key legal issues
#Whether the Plaintiff proved the alleged rent default by the Defendant
The Plaintiff did not prove default; it neither pleaded nor proved the figures or period of the alleged arrears
The plaint did not plead the figures or the period of the alleged default, and PW1's testimony did not address them either. The claim rested solely on the letter of 21st February 2018 detailing arrears of Kshs 3,048,734/=. Given the burden under Section 107(1) of the Evidence Act, the Plaintiff failed to discharge it. The Plaintiff also could not rely on a notice sent by email when the lease barred variation notices by electronic mail.
Whether the lease was lawfully terminated
The termination was invalid because the lease required written acceptance of the notice, which was never obtained
Clause C(3) of the lease prescribed three pre-conditions: issuance of notice, receipt of acceptance in writing, and expiry of the notice period. Although the letter of 21st February 2018 was clear on the termination date, no evidence showed the Defendant accepted the notice in writing. The notice of 1st March 2018 was a repossession notice, not a termination notice. The lease therefore remains subsisting.
The fate of the Defendant's Counter-claim
The Counter-claim was dismissed as it was premised on the Plaintiff being entitled to vacant possession
Having found the lease not lawfully terminated and still subsisting, the Defendant's Counter-claim lacked basis and was pre-empted by that finding. The Defendant was in possession and entitled to remain until the end of the term. Additionally, the Defendant did not prove any breach of the lease by the Plaintiff.
Legal principles established
#- Parties are bound by the terms of their contract and a court cannot rewrite a contract unless coercion, fraud or undue influence are pleaded and proved
- The burden of proof lies on the party who desires the court to give judgment on facts it asserts
- Where a lease requires notice, written acceptance of the notice and expiry of the notice period for termination, non-compliance renders the termination invalid
Court orders
#- 1.The Plaintiff's suit is dismissed
- 2.The Defendant's Counter-claim is dismissed
- 3.Each party shall bear its own costs
- Jurisdiction invoked
- Original civil jurisdiction of the Environment and Land Court over a lease dispute concerning land in Nairobi City County
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mavic Investments Company Limited v Little Sheep Investments Limited (Environment & Land Case 105 of 2019) [2024] KEELC 101 (KLR)", Case Analysis (2024). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/101/eng@2024-01-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.