James Gaichuru v Jeremiah Karani Themendu [2020] KEBPRT 62 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 62
- Citation
- [2020] KEBPRT 62 (KLR)
- Decided
- 27 May 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeTribunal DecisionPostureTenant's Application to Set Aside Tribunal OrdersCoramMBICHI MBOROKI
Holding
The Tribunal dismisses the tenant's application and orders the landlord to execute the orders issued on December 17, 2018, and to recover costs by way of distress as part of arrears of rent.
Facts
The Landlord filed an urgent application for non-payment of rent, and the Tribunal issued orders allowing the landlord to levy distress and recover arrears of rent, evict the tenant, and pay costs. The tenant did not attend the hearing and did not file a replying affidavit.
Issues
- Tenant's application to set aside the Tribunal's orders
- Tenant's non-payment of rent
Reasoning
The Tribunal found that the tenant did not attend the hearing and did not file a replying affidavit, and there is no evidence that the tenant has paid the arrears of rent.
Outcome
Tenant's application dismissed
Orders
- Tenant's application dismissed
- Landlord is at liberty to execute the orders issued on 17th December 2018
- Costs shall be recovered by way of distress as part of arrears of rent
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.
Loading judgment…