Global Lifting Services Limited v Dairy Systems & Services Limited [2021] KEBPRT 328 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 328
- Citation
- [2021] KEBPRT 328 (KLR)
- Decided
- 17 September 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeTribunal DecisionPostureTenant's Application for Interim Injunction DismissedCoramHON. P. MAY, VICE CHAIR
Holding
The application is dismissed with no orders as to costs. The tenant is ordered to clear outstanding rent arrears within 14 days, with the landlord at liberty to levy distress in default.
Facts
The tenant defaulted on rent payments and the landlord issued demand notices and reminders. The tenant filed an application objecting to the planned distraint, claiming it was unlawful and unprocedural.
Issues
- Tenant's application for interim injunction
- Validity of distraint for rent
Reasoning
The landlord's distraint was lawful and procedurally correct, as evidenced by the Distress for Rent Act and the tenant's undated commitment to clear arrears.
Outcome
Dismissal of application
Orders
- Tenant to clear outstanding rent arrears within 14 days
- Landlord to be at liberty to levy distress in default
Authorities cited
Legislation (2)
- Cap 301
- Distress for Rent Act
Cases cited (1)
- Royal Gardens Hospital v Ebrahim Omenyi Ambwere & ano
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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