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Small ClaimsDismissedNot stated in judgment (plaint dated 15th May 2019)· [2021] SCC 3 (KLR)

Vincent Chokaa t/aV.Chokaa & Co Advocate v Bertha Wawira Muchira (Commercial Case 005 of 2021) [2021] SCC 3 (KLR)

Magistrates' Court
13 May 2021
BOB. J. OFISI
678 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court dismissed a tenant's claim for a Kshs 65,000 deposit refund because he couldn't prove he left the premises repaired.

What this practically means

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Executive summary

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By a plaint dated 15th May 2019, the claimant sued for refund of a two-month rent deposit of Kshs 65,000/= plus interest at 12% and costs, alleging he was a tenant of the respondent under a lease dated 16/12/2016 at a monthly rent of Kshs 32,000/=; that he paid the deposit and one month's rent; and that on terminating the tenancy on 1st March 2019 he left the premises in good condition. The respondent admitted the lease but denied owing the claimant money, contending that the lease was with the firm of Chokaa/V. Chokaa Advocates, that she leased the premises to Khadija who worked closely with the claimant, and that the deposit was applied to repairs including electrical, carpentry and lock replacements, with the money reimbursed to Khadija. At the hearing on 11/5/2021 both parties adopted their witness statements and produced documents. The court framed a single issue: whether the claimant is entitled to Kshs 65,000/=. Holding that the deposit's being paid was undisputed and that clause 9 of the lease held it as security for house repairs and outstanding bills, the court found the claimant offered no proof of carrying out repairs or paint work after moving out, and that on a balance of probability the deposit had been consumed rehabilitating the premises. The claim was dismissed with each party bearing their own costs. Judgment was delivered virtually on 13th May 2021 by Hon B. J. Ofisi (Mrs), Resident Magistrate.

Key legal issues

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01

Whether the claimant proved entitlement to the refund of the Kshs 65,000/= deposit

Holding

The claim fails because the deposit was applied to repairs and the claimant adduced no proof that he carried out any repairs or paint work after moving out.

Reasoning

The court found the Kshs 65,000/= deposit was not disputed and that clause 9 of the lease dated 15/12/2016 held the deposit as security for house repairs and outstanding bills. The claimant, who bore the burden of proof on a balance of probability, offered no evidence of repairs after moving out, while the respondent testified that renovations including electrical and carpentry works and replacement of locks were done and reimbursed through Khadija. The claimant's attack on the receipts as forgeries did not displace this finding.

p. 2

Legal principles established

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  • A tenant's deposit held as security for repairs under the lease may be lawfully applied to rehabilitate the premises where the tenant gives no proof of carrying out repairs before vacating.

Court orders

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  1. 1.The claim is dismissed
  2. 2.Each party shall bear their own costs
Jurisdiction invoked
Original civil jurisdiction of the magistrates' court over the claimant's plaint dated 15th May 2019

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, "Vincent Chokaa t/aV.Chokaa & Co Advocate v Bertha Wawira Muchira (Commercial Case 005 of 2021) [2021] SCC 3 (KLR)", Case Analysis (2021). Not stated in judgment (plaint dated 15th May 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/scc/2021/3/eng@2021-05-13

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