Hesbon Muita v Agricultural Society of Kenya Nairobi Branch [2021] KEBPRT 371 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 371
- Citation
- [2021] KEBPRT 371 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeInterim Mandatory InjunctionPostureTenant/Applicant seeks interim mandatory injunction to compel Landlord/Respondent to allow access to the suit premisesCoramHON. GAKUHI CHEGE, Mr. Simiyu
Holding
Tenant/Applicant is entitled to the reliefs sought
Facts
Tenant/Applicant seeks access to Jamhuri Show grounds to conduct business pending hearing and determination of the suit. Tenant/Applicant claims the Landlord/Respondent arbitrarily increased rent and denied access to the premises.
Issues
- Tenant/Applicant's right to access the suit premises
- Landlord/Respondent's obligation to allow access
Reasoning
The court held that the Landlord/Respondent cannot wrongfully and illegally bring about a state of affairs and then apply to court to preserve that state of affairs as the status quo by way of an injunction.
Outcome
Tenant/Applicant's application succeeds
Orders
- Landlord/Respondent to immediately and unconditionally grant Tenant/Applicant access to the suit premises
- Police Station to assist in enforcing compliance
- Tenant/Applicant to be awarded costs of Kshs.30,000/-
- Landlord/Respondent to undertake any necessary repairs to the exterior of the demised premises at their costs
- Main Reference to be set down for hearing on other issues
Remedies
- Interim Mandatory Injunction
Authorities cited
Cases cited (1)
- THOMPSON –vs- PARK (1944) 2 ALL E.R. 477
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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