Serah Wairimu v Westfield Shopping Mall Ltd & another [2021] KEBPRT 219 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 219
- Citation
- [2021] KEBPRT 219 (KLR)
The application is allowed in terms of prayers 2 & 3 pending hearing and determination interpartes of the application dated 16th April 2021.
Facts
The Tenant/Respondent, Serah Wairimu, had agreed to a reduction in rent to Kshs.24,000/- from April 2020, and paid rent for April, May, June, and July 2020. She requested to use her rent deposit for August, September, and October 2020. In October 2020, she informed the Landlord that she intended to vacate at the end of November 2020, and the rent account was reconciled, showing she owed Kshs.30,000/-.
Issues
- Whether the Tenant/Respondent was in arrears of Kshs.323,000/-
- Whether the Landlord/Applicant's ex-parte orders were fraudulent
- Whether the Tenant/Respondent should be required to pay rent for the period she did not have possession of the premises
Reasoning
The Tenant/Respondent was not in arrears of Kshs.323,000/- and the Landlord/Applicant's ex-parte orders were fraudulent. The Tenant/Respondent was granted the right to vacate the premises upon her fulfilment of the obligations agreed upon or implied under Cap.301 Laws of Kenya.
Outcome
The application is allowed in terms of prayers 2 & 3 pending hearing and determination interpartes of the application dated 16th April 2021.
Orders
- The application dated 13th May 2021 is hereby allowed in terms of prayers 2 & 3 pending hearing and determination interpartes of the application dated 16th April 2021.
- The Landlord is granted leave to file and serve its replying affidavit together with a statement of rent account in respect of the amount of Kshs.323,000/- claimed as rent arrears within the next 14 days hereof.
- The Tenant shall be at liberty to file and serve further affidavit, if need be, within 7 days of service of the said response.
- Thereafter a date for directions on the manner of disposal of the application shall be fixed.
- For avoidance of doubt, the period after 27th November 2020 shall be excluded for purposes of tabulation of the rent owing.
Remedies
- The Tenant/Respondent is granted the right to vacate the premises upon her fulfilment of the obligations agreed upon or implied under Cap.301 Laws of Kenya.
Authorities cited
Legislation (1)
- Cap.301 Laws of Kenya
Cases cited (2)
- Gulamhussein f. Gulamhussein – vs- Imperial Bank Limited (in Receivership) & another (2018) eKLR
- Mbaki & Others – vs- Macharia & another (2005) 2 E.A 206
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