Benson Kirema Kiruki Marete & another v Union Place Management Limited [2021] KEBPRT 104 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 104
- Citation
- [2021] KEBPRT 104 (KLR)
- Decided
- 19 November 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeInterlocutory Temporary InjunctionPostureApplication for restraining order against landlord and eviction of tenantsCoramHON. GAKUHI CHEGE, Kmunto for Landlord/Respondent, MS Wambulwa for the Tenants/Applicants
Holding
Application for restraining orders dismissed, landlord's application for eviction and rent arrears payment granted
Facts
Tenants filed applications for restraining orders and eviction, claiming rent arrears and landlord's refusal to allow rent review. Landlord opposed and sought eviction and rent arrears payment.
Issues
- Whether tenants can seek restraining orders and eviction
- Whether landlord can seek eviction and rent arrears payment
Reasoning
Tenants are in huge rent arrears and have acted uncleanly by seeking an injunction. Landlord's application is granted.
Outcome
Application for restraining orders dismissed, landlord's application for eviction and rent arrears payment granted
Orders
- Tenants' application for restraining orders dismissed
- Landlord's application for eviction and rent arrears payment granted
- Costs awarded to landlord
Remedies
- Eviction of tenants
- Adjustment of rent arrears to current month
Authorities cited
Legislation (1)
- Cap. 301 Laws of Kenya
Cases cited (2)
- Giella – vs- Cassman Brown & Co. Ltd (1973) EA 358
- Samuel Kipkori Ngeno & Another – vs- Local Authorities Pension Trust (Registered Trustees) & Another (2013) 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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