Moses Kiptarbei Tanui v Texas Cancer Centre Limited

Tanui v Texas Cancer Centre Limited (Civil Suit 2 of 2019) [2025] KEHC 11999 (KLR) (13 August 2025) (Judgment) Neutral citation: [2025] KEHC 11999 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT ELDORET CIVIL SUIT 2 OF 2019 RN NYAKUNDI, J AUGUST 13, 2025 BETWEEN MOSES KIPTARBEI TANUI ..................................................................... PLAINTIFF AND TEXAS CANCER CENTRE LIMITED ............................................... DEFENDANT JUDGMENT 1. 2. Before this Court is a Plaint dated 11th January 2019. The Plaintiff prayed for judgement to be entered against the Defendant for; a. An amount of Kshs. 1,821,396.00 being the cumulative unpaid and underpaid rent for the ground floor, 1st, 2nd and 3rd floors for the months of June, July, August and September 2016. b. An amount of Kshs. 128,376.00 calculated at Kshs. 5,349.00 monthly underpaid rent for the ground floor, 1st, 2nd and 3rd Floors as at the time the Defendant vacated the premises from 1st May 2016 to 1st May 2018. c. An amount of Kshs. 817,955.00 calculated at Kshs. 90,883.00 monthly underpaid rent for the ground floor, 1st, 2nd and 3rd Floors as at the time the Defendant vacated the premises from 1st May 2018 to 10th January 2019. d. An amount of Kshs. 244,997,310.132 being loss of future income as a result of the Defendant breaching the lease contract. e. General damages. f. Costs and interests The Defendant was duly served but has never entered appearance or filed Defense and an entry of Judgement as governed under Civil Procedure Rules particularly Order 12 Rule 7 confers this Court https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/11999/eng@2025-08-13 1

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