Nelly Mukami Kabui v Robert Wachira Gathuya t/a Baraka Hotel [2021] KEBPRT 349 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 349
- Citation
- [2021] KEBPRT 349 (KLR)
- Decided
- 17 August 2021
The tenant is granted a period of 4 months to pay the arrears in equal instalments of Kshs.50,000, and the landlord is ordered to clear the admitted sum of Kshs.200,000 within the next 4 months.
Facts
The tenant Robert Wachira Gathuya owed rent arrears of Kshs.200,000 and utility bills of Kshs.143,426. The landlord Nelly Mukami Kabui issued a termination notice due to the tenant's non-payment of rent and utility bills, and unauthorized modifications to the premises walls.
Issues
- Whether the landlord is entitled to the orders sought.
- Who is liable to pay costs.
Reasoning
The court acknowledged the effects of the pandemic on the tenant's business but ruled that it cannot be a carte blanche for non-payment of rent. The landlord's request for mandatory injunction to restore the wall status was denied.
Outcome
The tenant is granted a period of 4 months to pay the arrears, and the landlord is ordered to clear the admitted sum of Kshs.200,000 within the next 4 months.
Orders
- Tenant to clear Kshs.200,000 arrears within 4 months.
- Tenant to pay Kshs.50,000 monthly instalments starting from 15th September 2021.
- Tenant to continue paying monthly rent as agreed with landlord.
- Prayers 3 & 4 of the application denied at this stage.
- Costs of the application to be decided at the hearing.
Remedies
- Order for payment of arrears within a specified period.
- Order for payment of monthly rent as agreed.
Authorities cited
Cases cited (2)
- Vol. 24, Halsbury’s Laws of England, 4th Edn at paragraph 948.
- Localbail International Finance Ltd – vs- Agro export and Others (1986) 1 ALL ER 901.
Loading judgment…