Jordana Waceera v Kiama Muturi [2021] KEBPRT 312 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 312
- Citation
- [2021] KEBPRT 312 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeTribunal DecisionPostureApplication for refund of security deposit and compensation for improvementsCoramHON. GAKUHI CHEGE, Mr. Kegonde, Mr. Mwine
Holding
The tenant is disentitled to the refund of the security deposit and the same shall be applied towards restoring the suit premises to the original condition. The tenant shall pay Kshs.35,000 as the balance of costs of renovations.
Facts
The tenant, Jordana Waceera, paid a security deposit of Kshs.405,000 and an additional Kshs.300,000 as goodwill. The tenancy was terminated without proper notice, and the tenant claimed compensation for structural improvements and refund of the security deposit.
Issues
- Whether the tenant is entitled to the refund of the security deposit and compensation for improvements
- Who is liable to pay the costs of the proceedings
Reasoning
The tenant failed to provide evidence of the value of the improvements and the landlord's permission to make them. The quotation for renovations was not challenged.
Outcome
The application is dismissed.
Orders
- The security deposit is applied towards restoring the premises to the original condition.
- The tenant pays Kshs.35,000 as the balance of costs of renovations.
- The tenant is authorized to remove improvements on condition of making good any damage.
- Each party bears their own costs.
Authorities cited
Legislation (2)
- Evidence Act, Cap 80, Laws of Kenya
- Cap 301, Laws of Kenya
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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