Daniel Mumo William v Teresiah Waithira Mugi & another [2021] KEBPRT 341 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 341
- Citation
- [2021] KEBPRT 341 (KLR)
- Decided
- 27 August 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeTribunal DecisionPostureApplication for restraining orders dismissedCoramHON. GAKUHI CHEGE, Miss Mwanzile
Holding
Application dismissed with costs to the respondent.
Facts
Tenant applied for restraining orders against landlord and agent, claiming costs for perimeter wall and alleging non-payment of rent. Landlord denied these claims and argued for termination of tenancy.
Issues
- Whether the applicant’s application dated 3rd May 2021 ought to succeed or fail.
- Who is liable to pay costs of the application.
Reasoning
Tenant failed to pay rent and did not file a reference to the notice of termination. The restraining order did not prevent the landlord from demanding rent. Tenant ceased to be a protected tenant.
Outcome
Application dismissed
Orders
- Costs assessed at Kshs.15,000/- in favour of the Landlord
Authorities cited
Legislation (1)
- Cap. 301, Laws of Kenya (Tribunals for Business Premises Rent) Act
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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