Peter Waititu Njau v Edward Kibe Hombe & 2 others [2021] KEBPRT 150 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 150
- Citation
- [2021] KEBPRT 150 (KLR)
- Decided
- 10 September 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeTribunal CasePostureApplication for InjunctionCoramHON. GAKUHI CHEGE, VICE CHAIR, BUSINESS PREMISES RENT TRIBUNAL
Holding
The application is dismissed, and the proclamation notice of attachment dated 13/1/2021 is not declared null and void.
Facts
The tenant, Peter Waititu Njau, sought an injunction against the landlord, Edward Kibe Hombe, and two others, claiming that an illegal proclamation notice for distress of rent was issued in bad faith. The tenant alleged that the proclaimed goods were business stock and tools of trade, and that the proclaimed amount was not owing.
Issues
- Whether the proclamation notice for distress of rent was issued in bad faith.
- Whether the tenant has paid rent as and when it fell due.
- Whether there was a waiver of rent arrears by the tenant.
Reasoning
The tenant failed to demonstrate that he has paid rent as and when it fell due, and no evidence of waiver was tendered. The landlord is entitled to levy distress under the Distress for Rent Act, Cap 293.
Outcome
Application dismissed
Orders
- Proclamation notice of attachment dated 13/1/2021 is not declared null and void.
Authorities cited
Legislation (1)
- Distress for Rent Act, Cap 293
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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