PAN AFRICA INSURANCE COMPANY LIMITED VS HON. THE ATTORNEY GENERAL [2000] KEHC 156 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI HIGH COURT CIVIL CASE NO. 487 OF 1998

PAN AFRICA INSURANCE COMPANY LIMITED……...………….PLAINTIFF -VERSUS

HON. THE ATTORNEY GENERAL……………………………DEFENDANT

JUDGMENT

The plaintiff in this case has sued the Attorney-General on behalf of the Ministry of Works as tenants of the plaintiff. The plaintiff claim is that the parties entered into a lease agreement for the premises occupied by the defendant in LR No. 209/4281.

The lease expired and has not been renewed. The lease was for two years from 1st July, 1994. The Ministry has not paid the rent amounting to Shs. 5,011,909. 10. Mrs. Njeri Njehia, the Property Manager of the plaintiff in her evidence explained that the rent had been subsequently increased to Shs. 186,020 per month and that there is also excess service charge for the year 1998 amounting to Shs.498,070. 97.

I have considered the evidence and I am satisfied that the defendant has not paid the monies claimed. There will be judgment for the plaintiff as follows:

(a) For rent arrears Kshs. 5,011,909. 10 this is inclusive of Service Charge.

(b) Mesne profits of Kshs.163,405. 50 per month with effect from 1st March, 1998 until the said Ministry of Public Works and Housing delivers vacant possession of the suit premises.

(c) Interest on (a), (c), (d), & (e) at court rates.

(d) Costs of this suit.

The defendant upon giving vacant possession shall carry out the necessary repairs to the premises. In case the defendant does not carry out such repairs, the plaintiff shall be at liberty to effect the repairs and recover the money so expended from the defendant.

Dated and delivered this 21st day of July, 2000.

KASANGA MULWA

JUDGE