Gigi Motors Limited v Liberdy Motors Limited [2021] KEBPRT 211 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 211
- Citation
- [2021] KEBPRT 211 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePremises Rent DisputePostureAppeal from a previous rulingCoramHON. P. MAY, VICE CHAIR
Holding
The Landlord's application is partially successful, with the Tenant required to clear rent arrears and continue paying rent as it falls due.
Facts
The Landlord (Liberdy Motors Limited) filed an application seeking rent arrears and interest on arrears from the Tenant (Gigi Motors Limited). The Tenant disputed the application.
Issues
- Rent arrears and interest on arrears
- Court's authority to rewrite contracts
Reasoning
The court upheld the rent arrears but declined the interest claim, citing the parties' agreement and the court's role in not rewriting contracts.
Outcome
Partial success for the Landlord
Orders
- Tenant to clear rent arrears of Kshs. 6,133,000 by 21 days from the date of the ruling
- Tenant to continue paying rent as it falls due
- Hearing date for reference within 30 days
- Each party to bear their own costs
Remedies
- Levy distress for rent in default
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.
Loading judgment…