Maurice Charles Otunga (Suing On Behalf Of Francisca Mukami (Deceased)) t/a Frabem Caterers v Hamisi Athaman Mohamed (Sued As Hamisi c/o Athaman M. Mohamed’s Family) [2021] KEBPRT 355 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 355
- Citation
- [2021] KEBPRT 355 (KLR)
- Decided
- 30 July 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLandlord and Tenant DisputePostureReference by the Tenant to the TribunalCoramThe presiding judge
Holding
The Tenant has locus standi to institute the reference on behalf of the deceased tenant. The Tenant is entitled to injunctive orders against the Respondent.
Facts
The Tenant, Francisca Mukami, rented a property on land Title Number KWALE/UKUNDA/647. The Tenant moved the Tribunal seeking injunctive orders against the Respondent, Hamisi Athaman Mohamed, due to alleged lock-up of the premises and unpaid rent.
Issues
- Whether the Tenant has locus standi to institute the reference
- Whether the Tenant is entitled to injunctive orders against the Respondent
Reasoning
The court found that the Tenant has the locus standi to institute the reference due to a valid grant of Letters of Administration Ad Litem. The court also ruled that the Tenant is entitled to injunctive orders as the Respondent did not follow the legal procedures for unpaid rent.
Outcome
The Tenant is granted injunctive orders.
Orders
- A restraining injunction against the Respondent, his servants, agents or employees to refrain from harassing, threatening, intimidating, evicting or interfering with the quiet possession of the Tenant over the suit premises.
Authorities cited
Legislation (1)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act Cap 301
Cases cited (4)
- IBRAHIM V HASSAN & CHARLES KIMENYI MACHARIA
- Julian Adoyo Ongunga & another v Francis Kiberenge Bondeva
- GIELLA VERSUS CASSMAN BROWN
- Nguruman Limited versus Jan Bonde Nielsen
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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