Leakey Maina Kariuki v Eventide Park Limited [2021] KEBPRT 459 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 459
- Citation
- [2021] KEBPRT 459 (KLR)
- Decided
- 18 June 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeBusiness Premises Rent TribunalPostureTenant/Applicant filed a reference in opposition of the demand issued by the landlord to vacate the premisesCoramHON GAKUHI CHEGE, HON PATRICIA MAY
Holding
The landlord is ordered to refund Ksh 715,980/= to the tenant, being the deposit paid less the charge for the bounced cheque and broken tank, within 14 days.
Facts
The tenant paid a deposit of Ksh 750,000/= to the landlord, and the landlord claimed arrears of rent, service charges, and repairs. The tenant disputes these claims.
Issues
- total sum refundable from the sum paid as deposit by the tenant
- whether the tenant was in arrears of rent for the common area
Reasoning
The court found that the tenant paid a deposit of Ksh 750,000/= and that the lease agreement did not provide for a rent charge for the common area. The tenant was not in arrears of rent for the common area.
Outcome
Tenant wins, landlord loses
Orders
- Landlord to refund Ksh 715,980/= to the tenant within 14 days
Remedies
- Costs of Ksh 45,000/=
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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