Mohamed Mohamed Moalin t/a Gaab Transporter Limited v Sally Oyera Mohamed & another [2021] KEBPRT 397 (KLR)

Facts

The Tenant, Mohamed Mohamed Moalin, claimed that his tools of trade were proclaimed by the 2nd Respondent, Sally Oyera Mohamed, on 29th March 2021. The Tenant also claimed that the rent arrears sought to be recovered were exaggerated and non-existent, and that the prevailing economic challenges caused by the COVID-19 pandemic had caused the arrears. The Landlord, Sally Oyera Mohamed, and the 2nd Respondent, Igare Auctioneers, contended that the Tenant had not been paying full rent since August 2019, and that the correct rent arrears were Kshs.1,331,840.00.

Issues

1. Prohibitory Order for the Tenant to prevent the removal of proclaimed goods
2. Determination of rent arrears and enforcement of rent payment

Reasoning

The Tenant's claim for proclaimed goods was dismissed as the Landlord provided evidence of arrears and the Tenant's failure to demonstrate payment of the claimed arrears. The interim orders were extended to allow the Tenant to clear the arrears or enter into an acceptable arrangement.

Outcome

The application for a prohibitory order is dismissed with costs to the Respondent/Landlord.