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Abdalla Mutembei Gisaga v Patricia Kathure Kiruja [2021] KEBPRT 214 (KLR)

[2021] KEBPRT 214 (KLR) Business Premises Rent Tribunal
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Court
Business Premises Rent Tribunal
Case number
214
Citation
[2021] KEBPRT 214 (KLR)
Decided
13 October 2021
Parties
raw · defendants · plaintiffs
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLandlord-Tenant DisputePostureAppeal from a previous orderCoramHON. P. MAY, VICE CHAIR, BUSINESS PREMISES RENT TRIBUNAL
Holding

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

  1. The existence and nature of the tenancy relationship
  2. 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
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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