Florence Wanjiku Muthee & 4 others v Juliah Wanjiru Mwangi [2021] KEBPRT 418 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 418
- Citation
- [2021] KEBPRT 418 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeRent TribunalPostureApplication for police assistance to break in and attach goodsCoramHON. GAKUHI CHEGE, VICE CHAIR
Holding
The Tribunal dismissed the application for police assistance.
Facts
The Tenant, Juliah Wanjiru Mwangi, refused to pay Kshs. 427,000 in rent arrears as of January 22, 2021. The Landlord, Florence Wanjiku Muthee, sought police assistance to auction the Tenant's proclaimed goods in shop no. 2.
Issues
- Whether the Tenant has paid the rent arrears
- Whether the Tenant has closed the business premises to frustrate attachment of goods
- Whether the Tenant's operations were grounded due to the COVID-19 pandemic
Reasoning
The Tenant submitted that she paid Kshs. 4 million as goodwill before taking possession of the premises, which was to be refunded upon vacating. The Landlord denied taking any goodwill and claimed the payment was a mere allegation without proof.
Outcome
Application dismissed
Authorities cited
Cases cited (1)
- Amra Leasing Limited – vs- DAC Aviation (E.A) Limited and 2 others (2020) eKLR
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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