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Ali Siro Juma v Erick Okoth [2021] KEBPRT 375 (KLR)

[2021] KEBPRT 375 (KLR) Business Premises Rent Tribunal
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Court
Business Premises Rent Tribunal
Case number
375
Citation
[2021] KEBPRT 375 (KLR)
Decided
2 August 2021
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeTribunal CasePostureApplication for leave to levy distress of rentCoramHON. CYPRIAN MUGAMBI NGUTHARI
Holding

The Landlord's application is allowed in terms of prayers 3, 4, and 5 of the application, but the grant of the said prayers does not amount to eviction orders against the Tenant.

Facts

The Tenant, Erick Okoth, owes rent and electricity bills totaling Kshs 22,000/- to the Landlord, Ali Siro Juma. The Tenant has been in rent arrears and has secretly opened the business premises to avoid paying rent or having it demanded.

Issues

  1. Whether the Landlord can levy distress of rent at the suit premises
  2. Whether the Landlord can seek assistance from the Officer Commanding Harambee Police Post/Patrol base for security during the exercise

Reasoning

The Landlord was served with the application and hearing notice, and an affidavit of service was filed. The Tenant is in rent arrears and has refused to pay the rent and electricity bill.

Outcome

The Landlord's application is allowed.

Orders

  • To allow the Landlord to levy distress of rent at the suit premises at Harambee Market
  • To seek assistance from the Officer Commanding Harambee Police Post/Patrol base for security during the exercise
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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