Grace Mwihaki Njoroge v Ann Ngaru Waithaka [2021] KEBPRT 314 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 314
- Citation
- [2021] KEBPRT 314 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeTribunal DecisionPostureApplication for restraining order and costsCoramHON. GAKUHI CHEGE, Mr. Kinyua, Miss Kimachia
Holding
The application is granted in terms of prayers 2, 4, and 5, and the Tenant/Applicant is awarded Kshs.15,000/- in costs.
Facts
The Tenant/Applicant sought a restraining order against the Landlord/Respondent for eviction, locking premises, and threatening eviction. The Landlord closed the business premises without a court order.
Issues
- Whether the application ought to be granted or denied.
- Who is liable to pay costs of the application.
Reasoning
The Landlord admitted closing the shop without a court order with the intent to enforce a lease agreement. The court found that there is no law requiring a formal lease agreement and that the closure was illegal.
Outcome
Application granted
Orders
- Restraining order against eviction, locking premises, and threatening eviction
- Tenant/Applicant awarded Kshs.15,000/- in costs
Remedies
- Restraining order
- Costs awarded to Tenant/Applicant
Authorities cited
Legislation (1)
- 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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