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…Subsequently, a computerized system was implemented, which collected Kshs.99,408,731/- in rent and Kshs.5,555,450/- in service charges. 6.…

…Service charge and reporting allegations: 12.…

…The Appellant pleaded that it was an absurdity and unjust for the Respondent to bring the claim to recover payment of service charge for services that were withdrawn in September, 2018.…

…under service charge, other than the monthly amount of Ksh.6,300/- that the agreement provided for. 28.…

…all the service charge expenses.…

…The Applicants contend that the Respondents have reneged on their obligations under the sublease in terms of remittance of service charge as set out therein.…

…It its plaint the Plaintiff seeks inter alia recovery of outstanding service charge and to exercise its right of forfeiture and peaceable re-entry into the Defendants’ villas for default in payment of service charge, a condition…

…It is noted that the service charge demanded herein is in respect of common amenities as stipulated in Clause 2.1 of the exhibited lease.…

…It is undisputed that the appellant paid this service charge for the first season of the first year but failed to make the service charge payments for the second season.…

…It therefore follows that service charge was due for the second season as well. 39.…

…charge. 4.…

…The Respondents have placed the disputed funds, that is the service charge into an escrow account which they say is preserved and there is no evidence that it has been dissipated.…

…Kshs. 4,243,425.00 on account of Service Charge Deposit 10. Kshs. 3,971,775.00 on account of 1st Quarter Service Charge 13.…

…Charge Deposits and First Quarter Service Charge. 14.…

…charge collection.…

…Members then unanimously agreed that the charges were to be paid separately from the service charge and it would be apportioned as per the size of each house. 56.…

…charge.…

…There is no reference to rent and/or any figure payable for parking space…It is clear from the two (2) valuations provided that both of them indicate that the service charge is not payable.…

…herein, have not been paying service charge. 16.…

…Tugee submitted that whether or not his clients (applicants) have paid service charge does not bar them from approaching this Court.…

…The Court grants an interim injunction to restrain the Defendants from increasing the service charge payable by the home owners of Jacaranda Estate .…

…charge to the deceased.…

…The respondent again denied the allegation of failure to pay pension service charge, stating that there was no evidence that he was not paid.…

…payable under a controlled tenancy among tenants sharing the occupation of the premises comprised in the controlled tenancy; (d) where the rent chargeable in respect of any controlled tenancy includes a payment by way of service…

…charge, to fix the amount of such service charge; (e) to make orders, upon such terms and conditions as it thinks fit, for the recovery of possession and for the payment of arrears of rent and mesne profits, which orders…

…, I held that the claim for accounts by the Plaintiff was partly compromised by a consent dated 6th October 2020 where it was agreed that trust funds held on account of Stamp Duty, Lease Registration Fees, Agent’s Fees, Service…

…Charge Deposit, First Quarter Service Charge, Share Premium and Cost of Transferring Reversionary interest be held in a joint escrow account in the names of the advocates of the Plaintiff and the Advocates at the time Chris…

…In that reply, the Plaintiff reiterated that the 1st Defendant had repeatedly defaulted in the payment of rent and service charges during the subsistence of the lease agreements.…

…With respect to the 3rd floor, the Plaintiff has produced an offer letter dated 1st September 2010, for a total of 6 years with rent and service charge as stipulated in the offer letter.…

…Accordingly, all service charge payments and rent remittances should henceforth be made strictly in accordance with your Sublease Agreements.…

…We have noted that Muigai Commercial Agencies failed to remit service charges to essential service providers, resulting in disruption of utilities and diminished estate standards.…

…A dispute arose regarding service charge arrears allegedly amounting to Kshs 5,679,072.04. Woburn Estate Limited invoked Clause 6.1 of the Lease Agreement to re-enter and repossess Apartment 3C.…

…Thus, the Interested Party is strictly bound by Clause 6.1 of the lease allowing property re-entry following a 28 day service charge default. 15. He further relies on the case of Filipo Fedrini v.…

…A dispute arose regarding service charge arrears allegedly amounting to Kshs 5,679,072.04. Woburn Estate Limited invoked Clause 6.1 of the Lease Agreement to re-enter and repossess Apartment 3C.…

…Thus, the Interested Party is strictly bound by Clause 6.1 of the lease allowing property re-entry following a 28 day service charge default. 15. He further relies on the case of Filipo Fedrini v.…

…The Agreement explicitly outlined the Appellant’s managerial duties, including the collection and management of service charges from apartment owners. 22.…

…The 2nd Respondent, therefore, emphasized that these funds were solely under the Appellant’s control, and the Apartment Owners had no financial obligations beyond paying the agreed service charges.…