The Court of Appeal has upheld a ruling allowing Del Monte Kenya Limited to repossess its 75-acre property in Gatanga sub-county currently occupied by Pioneer International Schools.
In a judgment delivered by Justices Agnes Murgor, Aggrey Muchelule, and Joel Ngugi, the appellate court dismissed an appeal by Pioneer International Schools challenging an earlier Environment and Land Court decision. The court ruled that the institution had no legally enforceable tenancy agreement over the land, which is part of Del Monte’s pineapple estate.
The legal battle stems from a sequence of events originating in 2013, when Del Monte initially leased the land to Goshen Gardens Limited for an eight-year period. After Goshen ran into rent arrears, Del Monte issued a termination notice in 2015. Pioneer subsequently entered into arrangements with Goshen to take over the school operations, moving onto the premises later that year.
While Pioneer argued that its substantial investments in school infrastructure and operations gave it a legitimate expectation of a direct lease, the appellate bench rejected the claim. The judges emphasised that commercial optimism and informal discussions cannot substitute for a formal, legally binding tenancy agreement consented to by the registered landowner.
Despite ruling in favour of Del Monte’s repossession rights, the court granted Pioneer International Schools a grace period until December 31, 2026, to vacate the premises.
This timeline is intended to allow students, parents, and staff an orderly transition. During this window, Pioneer is required to pay monthly occupation charges, though the court noted these do not constitute rent or establish a new landlord-tenant relationship.
The institution remains barred from subletting, altering, or expanding the property, and Del Monte will be legally permitted to execute the eviction without seeking further orders if the school fails to hand over vacant possession by the December deadline.
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