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Case Brief · caselaw.co.ke
ELCPartially AllowedELC Case Number 1 of 2020

Africasa Real Estate Limited v Scorpio Enterprises Limited

Environment and Land Court
22 September 2026
971 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

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A Kenyan landlord won Kshs 21.9 million against a tenant who made unauthorised alterations and never paid utilities, largely because the tenant offered no evidence in its defence.

What this practically means

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Executive summary

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The plaintiff, Africasa Real Estate Limited, sued Scorpio Enterprises Limited by plaint dated 21st January 2020 for Kshs 21,912,318.40, comprising Kshs 1,604,893.40 in water, electricity and conservancy charges it was compelled to settle after disconnection, and Kshs 20,242,425.00 as the cost of restoring premises leased under two subleases (Portion 1211 and Portion 5334, Malindi, known as Stephanie House) after the defendant allegedly made extensive structural alterations without written consent, plus a Kshs 65,000 valuation fee. The defendant filed a defence dated 19th May 2020 but called no evidence at trial. The plaintiff's sole witness, Alessandro Trentavizi, testified on 14th April 2026 and produced documents. The court examined clause 1(b) of the leases, which placed utility, sanitary conservancy and telephone charges on the defendant, and the covenant against unauthorised alterations. Applying authority that unrebuted evidence must be accepted and that pleadings unsupported by evidence remain mere statements of fact, the court found the plaintiff had proved its claim on a balance of probabilities. Judgment was entered for the plaintiff for Kshs 21,912,318.40, with costs of the suit and interest at court rates. The pleadings' claim for the valuers' fee was not reflected in the final orders.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the defendant was liable to pay water, electricity, sanitary conservancy and telephone charges under the subleases
  2. 2.Whether the defendant breached the subleases by making structural alterations without consent, and whether Kshs 20,242,425.00 is payable for restoration
  3. 3.Whether the uncontroverted plaintiff's evidence proved the claim on a balance of probabilities

Key legal issues

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01

Effect of failure by the defendant to adduce evidence

Holding

The plaintiff's evidence stood unchallenged and uncontroverted and was sufficient to prove the claim on a balance of probabilities

Reasoning

The defendant filed a defence but called no witness. Relying on established authority, the court held that unrebuted evidence leaves the court no option but to infer the facts as true; the defence remained mere statements of fact incapable of displacing the plaintiff's proof of liability.

p. 2
02

Liability for utility and conservancy charges under the subleases

Holding

The subleases obliged the defendant to pay water, electricity, sanitary conservancy and telephone charges, and the defendant never paid them; the plaintiff's recovery of Kshs 1,604,893.40 was valid

Reasoning

The court examined clause 1(b) of the lease dated 24th November 2014 and a similar clause in the lease dated 31st December 2014, both requiring the defendant to bear these charges. With no contrary evidence, the court found the obligation established and unpaid.

p. 2
03

Cost of restoring alterations made without consent

Holding

The Kshs 20,242,425.00 restoration cost was not controverted and was recoverable as damages for breach of the covenant against unauthorised alterations

Reasoning

The plaintiff pleaded structural alterations made without written consent and produced a valuer's assessment of restoration costs. The defendant neither cross-examined on this evidence nor disputed the valuation fee, so the claim was proved unchallenged on a balance of probabilities.

p. 4

Legal principles established

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  • Failure to rebut or challenge an opponent's evidence permits the court to act on that uncontroverted evidence
  • A party that fails to call evidence leaves its pleadings as mere statements of fact, unsubstantiated

Court orders

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  1. 1.Judgment entered for the plaintiff against the defendant for the sum of Kenya Shillings 21,912,318.40
  2. 2.Costs of the suit awarded to the plaintiff
  3. 3.Interest on the decretal sum and costs at court rates

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Original civil jurisdiction of the Environment and Land Court over lease/sublease disputes concerning land in Malindi

Relief refused

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Claim for Kshs 65,000 paid to professional valuers

Not expressly included in the final orders, though described as not disputed; judgment was limited to the principal sum, costs and interest

p. 4

Costs

Costs of the suit awarded to the plaintiff

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

This court thus finds that the plaintiff has proved its claim on a balance of probabilities and so judgment is hereby entered for the plaintiff against the defendant for: a. The sum of Kenya Shillings 21,912,318.40; b. Costs of the suit; c. Interest on a and b, hereinabove at court rates.
p. 4Disposition and quantum
It is trite that where a party fails to call evidence in support of its case, that party’s pleadings remain mere statements of fact since, in so doing, the party fails to substantiate its pleadings.
p. 3Effect of failure to adduce evidence
In the absence of any contrary evidence by the defendant, I am persuaded that the defendant was supposed to pay for water and electricity charges and that he never paid for the same and the plaintiff's claim is valid.
p. 4Liability for utility charges

Issues in the judgment

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minor

Judgment references witness statements 'dated 21st January 2020 and 8th May 2019 respectively' - the earlier statement predates the plaint and sequence appears anomalous

minor

Counsel-cited authorities within Trust Bank quotation are attributed without clear separation; Autar Singh Bahra appears inside a block quote rather than independently cited

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Africasa Real Estate Limited v Scorpio Enterprises Limited", Case Analysis (2026). ELC Case Number 1 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5530/eng@2026-09-22

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.