Paul Mwangi Warutere v Ligi Ndogo Limited [2021] KEBPRT 296 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 296
- Citation
- [2021] KEBPRT 296 (KLR)
- Decided
- 13 September 2021
The tenant is still a tenant of the landlord and the landlord's attempt to treat him otherwise is illegal, null, and void. The risk of a party suffering an illegality in the face of a threatened eviction amounts to irreparable loss and damage.
Facts
The tenant, Paul Mwangi Warutere, occupied the suit premises as a tenant of the landlord, Ligi Ndogo Limited, when it was vacant. The landlord instructed Bealine Kenya Auctioneers to levy distress for rent against the tenant, leading to the attachment and auction of 5 shipping containers and 2 water tanks. The tenant filed a further affidavit denying knowledge of the auction and claiming to be still a tenant.
Issues
- Whether the tenant is entitled to a temporary injunction
- Who is liable to pay costs
Reasoning
The court held that the landlord's actions were illegal and that the tenant had established a prima facie case with a probability of success. The balance of convenience tilts heavily in favor of maintaining the landlord-tenant relationship.
Outcome
The application for restraining orders is allowed in terms of prayers 3 and 4.
Orders
- The applicant shall get costs of the application against the Respondent.
Remedies
- Temporary injunction
Authorities cited
Legislation (1)
- Cap. 301, Laws of Kenya
Cases cited (2)
- Giella – vs- Cassman Brown & Co. Ltd (1973) EA 358
- Thomson Smith Alkman, Alan Malloy & others – vs- Muchoki & others (1982) eKLR
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