VILLA CARE MANAGEMENT LIMITED V. GEORGE NDUATI MUNENE

RULING OF THE COURT

1. On 24^th November, 2005 the respondent herein and Mentor Group Ltd. entered into an agreement to develop 27 housing units on LR. No. 4857/121 (suit property) through Easthaven Company Limited. Upon completion of the said development, the respondent and Mentor Group Ltd. each retained 6 housing units and sold the remaining 15 to individuals. Subsequently, the respondent and Mentor Group Ltd. incorporated Brooklyn Springs Management Ltd. to provide management services to the 27 housing units. However, sometime in the year 2012 Mentor Group Ltd. unilaterally engaged the services of the applicant to manage all the 27 housing units.

2. The respondent was not happy because firstly, he claimed that neither he nor the other owners of the 15 housing units were consulted in the said appointment and secondly, the applicant was charging exorbitant fees as service charge which resulted in three of his houses being vacated. Consequently, the respondent filed suit in the High Cou…