WOBURN ESTATE LIMITED & WOBURN MANAGEMENT LIMITED V. DYSARA INVESTMENTS LIMITED, INTERNATIONAL LEGAL RESOURCE CORPORATION LTD, UGO TROIANI, ROBERT FERRARI , LIVIO LUIGI BERETTA, MINAZI PUNJANI & DOTTORESSA FRANSECA TURINA

JUDGMENT OF THE COURT

1. The relationship between the 1^st 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 2^nd 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…