X-Press Systems & Services Ltd v Kifaru Enterprises Limited (Environment and Land Appeal E061 of 2023) [2025] KEELC 7675 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether rent under the lease was payable on a per-square-foot basis or for the entire premises
The rent was for the entire premises; the stated 6,800 square feet did not determine the rent and the Chairperson correctly found no basis for a refund
Clause 1 of the lease set fixed monthly rent figures with annual increases, payable without deduction; it did not provide for rent calculated per square foot. Although the joint measurement established a lettable area of 575.5 square metres (6,194.52 sq ft), the agreed rent was independent of the lettable space. The court cannot rewrite a contract between the parties, so the discrepancy in area gave no entitlement to a refund.
Whether the Appellant was forcibly detained and entitled to compensation
No forcible detention was demonstrated; the Appellant sought to remain, and the Tribunal permitted it to vacate on terms
The record showed the Appellant itself sought an injunction restraining interference with its occupation and was granted leave to vacate on or before 30th August 2023 upon payment of two months' rent. Having elected to stay and having sought protection of its occupation, the Appellant could not claim compensation for forceful detention.
Whether the Chairperson failed to analyse the evidence
The Chairperson reviewed the joint inspection report but correctly deemed it immaterial because rent was not calculated on square footage
The judgment shows the Chairperson considered the joint measurement report but found it of no consequence since rent was not area-based. That was a reasoned treatment of the evidence, so the ground of failure to analyse evidence failed.
Legal principles established
#- A court cannot rewrite a contract between the parties; where rent is fixed as a monthly sum for the whole demised premises and not tied to square footage, a discrepancy in stated area does not affect the rent payable
- A first appellate court must reconsider and evaluate the evidence afresh while making due allowance for not having seen or heard the witnesses (Selle v Associated Motor Boat Co.)
Court orders
#- 1.The appeal is dismissed with costs
- 2.The Tenant shall pay all rent arrears and continue to pay rent as per the lease agreement dated 29th July 2019 as it falls due, failing which the landlord is at liberty to levy distress (Tribunal orders upheld)
- On appeal from
- Business Premises Rent Tribunal
- BPRT No. E167 of 2023
- Jurisdiction invoked
- First appellate jurisdiction over the Business Premises Rent Tribunal under the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "X-Press Systems & Services Ltd v Kifaru Enterprises Limited (Environment and Land Appeal E061 of 2023) [2025] KEELC 7675 (KLR)", Case Analysis (2025). Memorandum of Appeal dated 15th December 2023 (from BPRT No. E167 of 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7675/eng@2025-10-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.