Nancy Wanjeri Njoroge v Shaqur -Ul – Haq & another; John Gitau Ngumi (Interested Party) [2021] KEBPRT 337 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 337
- Citation
- [2021] KEBPRT 337 (KLR)
- Decided
- 8 September 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeBusiness Premises Rent TribunalPostureInter partes hearing on tenant's application for injunctive ordersCoramHON. P. MAY, Mr. Kamau
Holding
The landlord's distress for rent was not levied without following due process, and the tenant does not have a prima facie case for an injunction.
Facts
There is a tenant and landlord relationship between Nancy Wanjeri Njoroge and Shaqur -Ul -Haq. Rent is in arrears, and the landlord has instructed the auctioneer to levy distress against the tenant.
Issues
- Whether the landlord's distress for rent was levied without following due process.
- Whether the tenant has a prima facie case for an injunction against the landlord's distress for rent.
Reasoning
The tenant had not challenged the rent arrears and had not sought a statement of account from the landlord. The court found that the tenant did not have a prima facie case for an injunction.
Outcome
The tenant's application for injunctive orders is not merited, but the landlord's distress for rent is suspended.
Orders
- The landlord shall furnish the tenant with an up-to-date statement of account within 7 days indicating the rent arrears due.
- The tenant shall settle the rent arrears due within 21 days upon receipt of the statement of account.
- In default, the landlord shall be at liberty to levy distress in the laid down manner.
Remedies
- Temporary injunction suspended.
- Statement of account to be provided by landlord.
Authorities cited
Legislation (1)
- Distress for Rent Act
Cases cited (2)
- JK Chatrath and another vs. Shah Cedar Mart (1967) EA 93
- Giella vs. Cassman Brown & Co, Ltd (1973) EA 358
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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