Caren Okore v Bemuda Holdings Limited [2021] KEBPRT 127 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 127
- Citation
- [2021] KEBPRT 127 (KLR)
- Decided
- 3 December 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeTribunal DecisionPostureTenant's ComplaintCoramCyprian Mugambi Nguthari
Holding
The closure of the business premises was unlawful and punitive. The Tenant is not entitled to rent from March 24, 2021 to May 6, 2021. The Tenant's claim for damages for the alleged loss of stock is dismissed.
Facts
The Tenant had a lease with the Landlord for five years and three months which expired in January 2021. The Landlord locked the premises due to rent arrears on March 24, 2021, and the Tenant claimed unlawful closure and denial of access.
Issues
- Whether the closure of the business premises was unlawful and punitive.
- Whether the Tenant is entitled to rent from March 24, 2021 to May 6, 2021.
- Whether the Tenant is entitled to damages for the alleged loss of stock.
Reasoning
The closure was unlawful and punitive, and the Tenant was in rent arrears. The Tenant's claim for damages for the alleged loss of stock is not supported by evidence.
Outcome
The Tenant's reference is dismissed.
Orders
- The Tenant’s prayer for orders of injunction against the Landlord is dismissed.
- The Landlord is not entitled to any rent from the Tenant from March 24, 2021 to May 6, 2021.
- The Landlord is at liberty to follow the laid down procedure to recover the rent arrears from the Tenant.
- The Tenant’s claim for the sum of Kshs 1,938,400/- being the value of damaged stock is dismissed.
- Each party will bear their own costs.
Authorities cited
Legislation (2)
- Cap 301 of the Laws of Kenya
- Common Law of England
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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