Jane M’mbaitha v D.P. Nandhia & Kldodha & others [2021] KEBPRT 484 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 484
- Citation
- [2021] KEBPRT 484 (KLR)
- Decided
- 21 May 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeInjunctionPostureAppeal from a previous order granting an injunctionCoramHON. MUMA ANDREW, HON. CYPRIAN MUGAMBI NGUTHARI
Holding
The court ordered the Landlord to refrain from taking action against the Tenant's business premises pending the hearing and determination of the rent owed case.
Facts
The Tenant/Applicant sought an injunction to prevent the Landlord from taking action against their business premises due to unpaid rent. The Landlord sought to vacate the injunction on the grounds of unpaid rent arrears.
Issues
- Whether the Tenant is deserving of an injunction
- Balance of convenience
Reasoning
The court found that it is fair and reasonable to maintain the status quo and that the Tenant is still in possession of the suit premises.
Outcome
The Landlord is restrained from taking action against the Tenant's business premises.
Orders
- An injunction is issued restraining the Landlord from taking action against the Tenant's business premises pending the hearing and determination of the rent owed case.
- Parties to fix the reference for hearing in 60 days' failure to which the reference stands dismissed and any consequential orders therefrom stands vacated.
- Each party to bear their own costs.
Remedies
- Maintenance of the status quo pending the hearing and determination of the rent owed case
Authorities cited
Cases cited (2)
- Giella v Cassman Brown (1965) 1 K.B. 100
- Mrao Ltd vs First American Bank of Kenya (2003) KLR 125
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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