James Njoroge Njuguna t/a J.N. Njuguna & Co Advocates National Bank of Kenya Ltd & another [2020] KEBPRT 60 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 60
- Citation
- [2020] KEBPRT 60 (KLR)
- Decided
- 21 February 2020
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeTribunal CasePostureAppeal from an interim orderCoramKiprop, Mugambi
Holding
Tenant's application is allowed, and the reference will be heard by the Tribunal within 90 days.
Facts
The Tenant filed a reference and a notice of motion against the Landlord and agents seeking to restrain them from proceeding to levy distress and recover outstanding rent and service charge.
Issues
- Tenant's arrears of rent and service charge
- Landlord's right to levy distress
Reasoning
The Tribunal found the tenancy to be a controlled tenancy and satisfied that the Tenant has established a prima facie case.
Outcome
Tenant's application allowed
Orders
- Tenant's application allowed
- Costs to be determined by the outcome of the reference
- Tenant to continue paying undisputed rent
- Reference to be heard within 90 days
- Interim orders to remain in force for 90 days
- Reference to be heard at Kisumu, Kakamega, or Nairobi within 90 days
Remedies
- Allowance of application
- Continuation of undisputed rent payments
Authorities cited
Legislation (2)
- Distress for Rent Act (Cap 293)
- Controlled Tenancies Act (Cap 301)
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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