WOBURN ESTATE LIMITED V. MARGARET BASHFORTH

JUDGMENT OF THE COURT

In the year 2005 the respondent purchased, by way of a sub-lease from the appellant, a residential property more particularly described as Apartment 2 E in Malindi situate on Plot No.10714. There were other apartments developed by the appellant but managed by Woburn Estate Management Limited on this plot. The appellant was the registered owner of an estate in fee simple of that property. The lease provided that, like all the other lessors, the respondent would pay service charge for common amenities in accordance with clauses 2.2 (b) and 4.9 of the lease.

In May 2011, following a disagreement regarding payment of service charge, the appellant brought an action against the respondent claiming that the latter had fallen into arrears on the payment even though she continued to enjoy all services provided by the appellant. The appellant claimed arrears of service charge in the sum of Kshs.547,736.50 for the period between January 2009 until the date of judgment or the …