Christine Akinyi Wambogo t/a Bhakita Hostel v June Kathini Muthoka [2021] KEBPRT 49 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 49
- Citation
- [2021] KEBPRT 49 (KLR)
- Decided
- 9 December 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeTemporary Injunction ApplicationPostureApplication dismissed with costsCoramHON. GAKUHI CHEGE
Holding
The application is dismissed with costs
Facts
The tenant, Christine Akinyi Wambogo, sought a temporary injunction against the landlord, June Kathini Muthoka, to prevent eviction, distress, termination of tenancy, or interference with quiet enjoyment of the suit premises. The tenant claimed the tenancy agreement was not signed and that the landlord had threatened eviction without notice.
Issues
- Whether there is a controlled tenancy between the parties
- Whether the tenant is entitled to the reliefs sought
- Who is liable to pay costs
Reasoning
The court found that the tenant did not present evidence of a notice of eviction or illegal recovery of rent arrears, and that she has not met her cardinal obligation to pay rent. The court also found that the tenant has not met the criteria for a prima facie case for an injunction.
Outcome
Application dismissed with costs
Orders
- Interim orders given on 28th July 2021 is hereby discharged and vacated
- The landlord is at liberty to use lawful means to recover any rent in arrears
- The landlord's costs herein are assessed at Kshs.30,000/-
Authorities cited
Legislation (3)
- Law of Contract Act, Cap 23 Laws of Kenya
- Evidence Act, Cap 80 Laws of Kenya
- Business Premises Rent Tribunal Act
Cases cited (3)
- Giella vs Cassman Brown Co. Ltd (1973) EA 358
- Mrao Ltd vs First American Bank of Kenya Ltd & 2 Others (2003) eKLR
- Samuel Kipkori Ngeno & Another vs Local authorities Pension Trust (Registered Trustees) and Another (2013) eKLR
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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