Mohamed Nuur Abdullahi v Al-Sawaw Mohammed Abdulqader A Hassan [2021] KEBPRT 176 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 176
- Citation
- [2021] KEBPRT 176 (KLR)
- Decided
- 1 November 2021
The application is granted, and the Tenant/Applicant is granted restraining orders against the Respondent/Landlord to prevent interference with the Tenant's possession of the specified shops. The Tenant/Applicant is also directed to deposit the monthly rent at the Tribunal in the event the Landlord refuses to collect the rent from the Tribunal.
Facts
The Tenant/Applicant seeks restraining orders against the Respondent/Landlord to prevent interference with the Tenant's possession of shops Nos A06, A07, A014, and A015 on the ground floor of Sawa Towers, formerly All Haqq Plaza, pending the hearing and disposal of the complaint. The Tenant also seeks an order directing the Tenant to deposit the monthly rent at the Tribunal in the event the Landlord refuses to collect the rent from the Tribunal.
Issues
- Interference with Tenant's possession of shops
- Deposit of rent at the Tribunal
Reasoning
The court granted the application based on the Tenant's claim and the need for the Tenant to be protected from interference with their possession of the shops.
Outcome
Granted
Orders
- Restraining orders against the Respondent/Landlord to prevent interference with the Tenant's possession of the specified shops
- Order for the Tenant/Applicant to deposit the monthly rent at the Tribunal in the event the Landlord refuses to collect the rent from the Tribunal
Authorities cited
Cases cited (2)
- Mombasa HCC No 10 of 2014 PLC vs Yussuf Shah Mohamed Omar and Shadoust Yussuf
- Gulf Engineering (East Africa) Ltd vs Amrik Singh Kalgi
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