Josephat Kabinga Wagoco v David Chege Mwangi [2021] KEBPRT 436 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 436
- Citation
- [2021] KEBPRT 436 (KLR)
- Decided
- 18 June 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeTribunal RulingPostureAppeal from a previous rulingCoramCYPRIAN MUGAMBI NGUTHARI, HON. GAKUHI CHEGE
Holding
The landlord's complaint is resolved in his favor, and an order allowing the application for distress is granted.
Facts
The landlord (Josephat Kabinga Wagoco) sought orders for distress to recover rent arrears from the tenant (David Chege Mwangi) amounting to Kshs 82,000.
Issues
- Tenant's failure to pay rent for eleven months
- Waiver of 10% duty filing fees on distress
Reasoning
The complaint is resolved under section 12(4) of Cap 301, and the landlord is granted an order for distress without waiving the 10% duty filing fees.
Outcome
In favor of the landlord
Orders
- The landlord is free to engage an auctioneer of his choice
- An order allowing the application for distress is granted
Remedies
- Waiver of 10% duty filing fees on distress
Authorities cited
Legislation (1)
- Cap 301 Laws of Kenya
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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