Customer Support

WOBURN ESTATE LIMITED & ANOTHER
V.
DYSARA INVESTMENTS LIMITED & 6 OTHERS

(2018) JELR 92819 (CA)

Court of Appeal 20 Sep 2018 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Civil Appeal 20 of 2018
Judges:Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja
Location:Mombasa
Other Citations:Woburn Estate Limited & another v. Dysara Investments Limited & 6 others [2018] eKLR

JUDGMENT OF THE COURT

1. The relationship between the 1st appellant and the respondents is that of a lessor and lessees. The respondents leased some of the apartments erected on Plot No.10714 situated in Malindi also known as Woburn Residence Club. The 2nd appellant is registered as the management company of the said premises.

2. Of relevance to the dispute between the parties was the amount of service charge payable by the respondents. Upon each of the respondents executing their respective lease agreements on diverse dates, it was agreed that they would each pay a provisional monthly rate as service charge which was subject to review. The review was to be based on statements of accounts which would be availed by the appellants and ratified by the respondents.

3. Each of the respondents contend that despite the foregoing, the appellants demanded for amounts which exceeded the provisional rate. To make matters worse, the appellants had failed and/or neglected to avail statements of accou…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.