Samuel Ndegwa t/a Aberdare Resort v Nickson Muiruri,Lucy Muthoni Ichuga & Nasioki Auctioneers [2021] KEBPRT 34 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 34
- Citation
- [2021] KEBPRT 34 (KLR)
- Decided
- 7 December 2021
Application dismissed, ex-parte orders discharged, landlord disentitled to charge Kshs.10,000 per month for extra space, tenant entitled to use lawful means to recover rent
Facts
Tenant Samuel Ndegwa t/a Aberdare Resort is in possession of premises originally belonging to the deceased Hudson Karega Muiruri. The premises are currently shared by 1st and 2nd Respondents who pay rent to the 1st landlord. The tenant disputes owing Kshs.720,000 in rent arrears and claims compensation for building a storey structure. The 1st Respondent claims the tenant owes Kshs.725,000 in rent and Kshs.760,000 in increased rent.
Issues
- Tenant's arrears and claims for compensation
- Landlord's demand for increased rent
Reasoning
Tenant's arrears are exaggerated and not supported by evidence. Landlord's demand for increased rent is illegal. Tenant's compensation claim is not supported by evidence.
Outcome
Tenant's application dismissed
Orders
- Application dismissed
- Ex-parte orders discharged
- Landlord disentitled to charge Kshs.10,000 per month for extra space
- Tenant entitled to use lawful means to recover rent
Remedies
- Tenant's compensation claim not supported by evidence
- Landlord's demand for increased rent illegal
Authorities cited
Legislation (1)
- Cap. 301, Laws of Kenya
Cases cited (1)
- Samuel Kipkori Ngeno & Another – vs- Local Authorities Pension Trust (Registered Trustees) & Another (2013) eKLR
Loading judgment…