Sella Andera Ambiyo v Tough Hide Limited & another [2021] KEBPRT 1 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 1
- Citation
- [2021] KEBPRT 1 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeTribunal CasePostureApplication for restraining orders granted ex-parte
Holding
The application is granted, restraining the Landlord from harassing, intimidating, threatening, and interfering with the Tenant's quiet possession of the suit premises.
Facts
The Tenant is a 40-year-old good tenant who defaulted in paying rent for 7 months due to the Covid-19 pandemic, resulting in arrears of Kshs 100,000. The Landlord and Agent oppose the application, stating the Tenant has been tardy and litigious, and the rent was reduced due to the pandemic.
Issues
- Whether the Tenant is entitled to the reliefs sought.
- Who is liable to pay costs.
Reasoning
The Tenant's case was supported by evidence of her good standing as a tenant and the impact of the pandemic on her income. The Landlord's opposition was based on the Tenant's tardiness and the reduction in rent due to the pandemic.
Outcome
The application is granted.
Orders
- Restraining the Landlord from harassing, intimidating, threatening, and interfering with the Tenant's quiet possession of the suit premises.
Authorities cited
Cases cited (3)
- Giella Vs Cassman Brown & Co Ltd (1973) EA 358
- Mrao Ltd Vs First American Bank of Kenya Ltd and 2 others (2003) eKLR
- Nguruman Limited Vs Jan Bonde Nielsen and 2 others (2014) eKLR
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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