Fredrick Kipngetich Rono v Moi Teaching & Referral Hospital Staff Pension Scheme [2021] KEBPRT 345 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 345
- Citation
- [2021] KEBPRT 345 (KLR)
- Decided
- 3 September 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeBusiness Premises Rent TribunalPostureApplication for Temporary InjunctionCoramHON. GAKUHI CHEGE, Mr. R.M. Wafula, Mr. Yego
Holding
The tenant has brought himself within the principles for the grant of a temporary injunction.
Facts
The tenant, Fredrick Kipngetich Rono, has a lease agreement with Moi Teaching & Referral Hospital Staff Pension Scheme for the Eldoret Municipality Block 4/357 premises. The tenant claims he has invested Kshs.20 million in construction and sublets to other tenants. The landlord, Moi Teaching & Referral Hospital Staff Pension Scheme, served a notice to terminate the tenancy due to planned construction works.
Issues
- Whether the tenant has brought himself within the principles for the grant of a temporary injunction.
- Whether the tenant is in rent arrears and the validity of the landlord's notice to terminate tenancy.
Reasoning
The tenant demonstrated a valid lease agreement, possession of the premises, and investment. The issue of rent arrears was introduced to muddy the waters.
Outcome
The application is allowed in terms of prayers 3 & 5 thereof.
Orders
- The application dated 27/5/2021 is allowed in terms of prayers 3 & 5 thereof.
- Prayer 4 shall proceed to the full hearing of the Reference.
- Costs of the application shall be assessed after the conclusion of the main Reference.
Remedies
- Temporary injunction against the landlord from disturbing the tenant's occupation of the premises.
- Tenant to continue paying reserved rent as and when due and payable.
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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