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Jasper Ndeke v Julius Maina [2021] KEBPRT 434 (KLR)

[2021] KEBPRT 434 (KLR) Business Premises Rent Tribunal
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Court
Business Premises Rent Tribunal
Case number
434
Citation
[2021] KEBPRT 434 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeRent DisputePostureAppeal from a previous rulingCoramCYPRIAN MUGAMBI NGUTHARI, HON GAKUHI CHEGE
Holding

The landlord's application is allowed in terms of prayers 2, 3, and 4 of the application dated 4th April 2021.

Facts

The landlord, Jasper Ndeke, filed an application seeking to break into the business premises and sell distrainable goods to recover rent arrears. The tenant, Julius Maina, had deserted the premises and stopped paying rent.

Issues

  1. Tenant's desertion and non-payment of rent
  2. Dilapidated condition of the premises
  3. Lack of tenant's whereabouts

Reasoning

The court found service to be proper and allowed the landlord's application to break into the premises and sell distrainable goods.

Outcome

The landlord's application is allowed.

Orders

  • Allowing the landlord to break into the premises and sell distrainable goods
  • The landlord shall render an account of the sale of any such goods within seven days of the sale

Remedies

  • Recovery of rent arrears through sale of distrainable 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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