David Mukuria Karanja v Samuel Karume Ng’ang’a [2021] KEBPRT 407 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 407
- Citation
- [2021] KEBPRT 407 (KLR)
- Decided
- 21 July 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeEviction DisputePostureTenant's application for temporary injunction against landlord's application to set aside the injunctionCoramCYPRIAN MUGAMBI NGUTHARI
Holding
The landlord's eviction was not in accordance with the provisions of section 12 of Cap 301, and the tenant's application for a temporary injunction is allowed.
Facts
The tenant applied for a temporary injunction to prevent the landlord from evicting the tenant's business premises, and the landlord applied to set aside the injunction.
Issues
- Whether the landlord's notice to terminate was effective under section 10 of Cap 301
- Whether the landlord's eviction was in accordance with the provisions of section 12 of Cap 301
Reasoning
The landlord's notice to terminate was effective, but the landlord's eviction was not sanctioned by the Tribunal, thus violating the provisions of section 12 of Cap 301.
Outcome
Tenant's application for a temporary injunction is allowed, landlord's application to set aside the injunction is dismissed.
Orders
- Temporary injunction is issued restraining the landlord from evicting the tenant's business premises until the hearing and determination of the application.
- Application to be fixed for hearing on a priority basis to safeguard the interests of all parties.
Remedies
- Tenant's application for a temporary injunction is allowed.
- Landlord's application to set aside the injunction is dismissed.
Authorities cited
Legislation (3)
- Cap 301
- Section 10
- Section 12
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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