Richard Onyango Juma t/a Golden Chariots Junior School v Joseph Wambua Mwema [2021] KEBPRT 404 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 404
- Citation
- [2021] KEBPRT 404 (KLR)
- Decided
- 2 August 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeBusiness Premises Rent TribunalPostureRespondent's appeal from a ruling on a motion application
Holding
The tenancy is a controlled tenancy, and the landlord was entitled to levy distress for rent, but the goods attached are not the tenant's tools of trade.
Facts
The tenant, Richard Onyango Juma, operates a school and has not paid rent for seven months due to school closures. The landlord, Joseph Wambua Mwema, has levied distress for rent and attached the tenant's goods.
Issues
- whether the tenancy is a controlled tenancy
- whether the landlord was entitled to levy distress
- whether the attached goods are the tenant's tools of trade
Reasoning
The tenancy is a controlled tenancy as there is no written agreement. The landlord was entitled to levy distress for rent as the tenant has accumulated arrears. However, the attached goods are not tools of trade.
Outcome
The landlord's appeal is upheld.
Orders
- 20,000/- on rent per month
- closure of the school due to the landlord's agreement to waive rent for seven and a half months
- restraining the landlord and his agent from dealing with the tenant's goods pending the hearing and determination of the suit
Remedies
- restraining the landlord and his agent from dealing with the tenant's goods
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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