Maurice Kinyanjui Nganga v Grace Wachuka Manga [2021] KEBPRT 174 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 174
- Citation
- [2021] KEBPRT 174 (KLR)
- Decided
- 12 September 2021
AI Summary
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TypeInterlocutory InjunctionPostureApplication for Interlocutory Injunction DismissedCoramHON. GAKUHI CHEGE, VICE CHAIR, BUSINESS PREMISES RENT TRIBUNAL
Holding
The tenant has not brought himself within the principles of granting an interlocutory injunction.
Facts
The tenant and landlady had a tenancy agreement, and the tenant converted the premises into a bar, causing noise and other issues. The landlady served a termination notice, and the tenant continued to operate the business.
Issues
- Whether the tenant is entitled to the reliefs sought in the application.
- Who is liable to pay costs of the application.
Reasoning
The Tribunal found that the tenant had not brought himself within the principles for the grant of an interlocutory injunction due to the conversion of the premises into a bar, noise pollution, and other issues.
Outcome
The application is dismissed.
Orders
- The application dated 17th December 2020 is hereby dismissed.
- The orders given on 18th December 2020 are hereby vacated and/or discharged.
- The costs of the application assessed at Kshs.25,000/- are awarded to the Respondent.
Authorities cited
Legislation (1)
- Cap. 301, Laws of Kenya
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