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Martin Kaguwe Karithi v Serah Njuguna Kamau & 2 others [2021] KEBPRT 482 (KLR)

[2021] KEBPRT 482 (KLR) Business Premises Rent Tribunal
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Court
Business Premises Rent Tribunal
Case number
482
Citation
[2021] KEBPRT 482 (KLR)
Decided
9 April 2021
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeBusiness Premises Rent DisputePostureAppeal from a previous orderCoramHON. GAKUHI CHEGE, HON. CYPRIAN MUGAMBI NGUTHARI
Holding

The Tenant's application is dismissed with costs to the Landlady, and the Landlady's application is dismissed with costs to the Tenant.

Facts

The Tenant applied to restrain the Landlady from demanding rent until she reconnects electricity and water, and to have them immediately reconnected. The Landlady applied for possession of the premises due to unpaid rent.

Issues

  1. Whether the Tenant has paid rent up to date
  2. Whether the Landlady has provided proper notice to terminate the tenancy

Reasoning

The Tenant admitted rent arrears and did not provide evidence of electricity disconnection. The Landlady did not provide a notice to terminate the tenancy.

Outcome

Both applications dismissed

Orders

  • Tenant to settle outstanding rent arrears within 4 months
  • Landlady to allow continued occupation at current agreed rent

Remedies

  • Distress for recovery of outstanding rent
  • Continued occupation at current agreed rent
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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