Abdalla Mutembei Gisaga v Patricia Kathure Kiruja [2021] KEBPRT 214 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 214
- Citation
- [2021] KEBPRT 214 (KLR)
- Decided
- 13 October 2021
- Parties
- raw · defendants · plaintiffs
The tenant shall pay the landlord the rent arrears of Kshs. 348,000 and the outstanding utility bills within 14 days. In default, the landlord shall be at liberty to levy distress for rent. The landlord shall be awarded the costs of the two applications assessed at Khs. 70,000.
Facts
The tenant, Patricia Kathure Kiruja, owes rent arrears and utility bills to the landlord, Abdalla Mutembei Gisaga. The landlord filed an urgent application for orders of distress, while the tenant filed an urgent application for orders to reconnect essential amenities.
Issues
- The existence and nature of the tenancy relationship
- Payment of rent arrears and utility bills
Reasoning
The court considered the applications, responses, and submissions, and found that the tenant owes rent and utility bills, and that the landlord is entitled to distress for non-payment.
Outcome
The tenant is ordered to pay rent and utility bills, and the landlord is awarded costs.
Orders
- Order for payment of rent and utility bills
- Order for distress for rent in default
Remedies
- Payment of rent and utility bills
- Distress for rent in default
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