D V Shah & Co Limited v Mombasa Uniforms Limited [2021] KEBPRT 155 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 155
- Citation
- [2021] KEBPRT 155 (KLR)
- Decided
- 5 November 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeBusiness Premises Rent TribunalPostureApplication for permission to levy distress for rentCoramHON. GAKUHI CHEGE, VICE CHAIR, BUSINESS PREMISES RENT TRIBUNAL
Holding
The landlord is entitled to the following orders: permission to levy distress for rent, costs of the application, and security from the police station.
Facts
The landlord seeks permission to levy distress for rent against the tenant in the sum of Kshs.2,202,000/- due to outstanding rent since October, 2019. The tenant claims the goods to be distrained are tools of trade exempt from distress.
Issues
- Whether the landlord is entitled to the orders sought.
- Who is liable to pay costs?
Reasoning
The landlord is under a legal duty to pay rent, and the tenant's failure to do so is an affront to the landlord's rights. The goods sought to be distrained are tools of trade exempt from distress, and the tenant's claim is premature.
Outcome
Granted
Orders
- Permission to levy distress for rent
- Costs of the application
- Security from the police station
Authorities cited
Legislation (1)
- Cap. 301, Laws of Kenya (Distress for Rent Act)
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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