Mustafa Abdullahi Omar t/a M Dalmar Trading Company Limited v Jeanette Wanjiru Gatehi & another [2021] KEBPRT 108 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 108
- Citation
- [2021] KEBPRT 108 (KLR)
- Decided
- 30 November 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeBusiness Premises Rent TribunalPostureTenant's Motion for Restraining Orders and Ex-parte OrdersCoramHassan N. Lakicha
Holding
The tenant is not in default of rent payment. The landlord is Mary Wambui Gakibe, who has been receiving and depositing the rent. The tenant's request for restraining orders and ex-parte orders is allowed.
Facts
The tenant, Mustafa Abdullahi Omar, is in a controlled tenancy relationship with the deceased landlord, Jeanette Wanjiru Gatehi, and her mother, Mary Wambui Gakibe. The tenant has been paying rent, and Mary Wambui Gakibe has been receiving and depositing the rent as it falls due.
Issues
- Validity of letters of administration
- Rightful owner of the suit premises
- Tenant's rent payment status
Reasoning
The court found that the letters of administration are valid and Mary Wambui Gakibe is the interim landlord. The tenant is not in default of rent payment and should pay rent to Mary Wambui Gakibe.
Outcome
Tenant's motion granted
Orders
- Restraining orders against the respondents from interfering with the tenant's business
- Preservation of rent proceeds in a joint account pending confirmation of grant
Remedies
- Preservation of rent proceeds in a joint account pending confirmation of grant
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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