Emmanuel Musundi v Samuel Waweru [2021] KEBPRT 140 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 140
- Citation
- [2021] KEBPRT 140 (KLR)
- Decided
- 5 November 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeTribunal CasePostureAppeal from a previous orderCoramMadan
Holding
The tenant's complaint succeeds in its entirety.
Facts
The tenant occupied the premises and the landlord unlawfully removed his goods, leading to a dispute.
Issues
- Whether the landlord's removal of tenant's goods was lawful
- Compensation for the tenant's goods
- Declaration of the unlawfulness of the termination of the tenancy
Reasoning
The landlord's removal of the tenant's goods was unlawful and the tenant is entitled to compensation.
Outcome
Tenant's complaint is upheld.
Orders
- Landlord to pay Kshs.238,280/- to the tenant for the value of the unlawfully seized goods
- Declaration that the termination of the landlord/tenant relationship was unlawful
- Tenant's costs assessed at Kshs.60,000/- against the landlord
Remedies
- Compensation for the tenant's goods
- Declaration of the unlawfulness of the termination of the tenancy
Authorities cited
Legislation (1)
- Cap. 301, Laws of Kenya
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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