Mohammed Hussein v Omar Mohammed [2021] KEBPRT 335 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 335
- Citation
- [2021] KEBPRT 335 (KLR)
- Decided
- 16 April 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeBusiness Premises Rent TribunalPostureApplication for temporary and mandatory injunctionsCoramHON. GAKUHI CHEGE
Holding
The tenant is entitled to protection from harassment and eviction by the landlord, but is not protected from paying the reserved rent.
Facts
The tenant, Mohammed Hussein, has been running a lodging and hotel business for a long time and has been paying rent to the landlord, Omar Mohammed. On February 23, 2021, the landlord forcibly tried to evict Hussein from the premises.
Issues
- Whether the tenant is entitled to the orders sought
- Jurisdiction of the tribunal over the business premises
Reasoning
The court finds that the tenant has a tenancy, and the tribunal has jurisdiction over the business premises.
Outcome
Tenant is granted temporary and mandatory injunctions
Orders
- Temporary injunction against the landlord to restrain him from harassing and/or trying to evict the tenant
- Mandatory injunction restraining the landlord, his agents, and any other persons acting for the landlord from harassing and/or trying to evict the tenant
Remedies
- Protection from harassment and eviction by the landlord
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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