Baldev Singh Sembi t/a Sembi Coach & Truck Holders Ltd v Avtar Singh Suri and Landlord & another [2021] KEBPRT 498 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 498
- Citation
- [2021] KEBPRT 498 (KLR)
- Decided
- 21 May 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeTribunal DecisionPostureApplication for restraining order and withdrawal of proclamation noticeCoramHON. GAKUHI CHEGE, VICE CHAIR, BUSINESS PREMISES RENT TRIBUNAL
Holding
The court grants a temporary injunction and orders the tenant to continue paying rent arrears as proposed by him.
Facts
The tenant, Baldev Singh Sembi, entered into a tenancy agreement with the landlord, Avtar Singh Suri, for premises known as Godown no. 1 and open space on Pate road plot no. 209/8167. The tenant disputes the demanded rent arrears and seeks a statement of account.
Issues
- Tenant's request for restraining order against the landlord and auctioneer
- Tenant's request for withdrawal of the proclamation notice
- Tenant's request for an order of complete account of alleged arrears of rent
- Tenant's request for a statement of account
Reasoning
The court finds that the tenant has satisfied the conditions for the grant of a temporary injunction due to the tenant's inability to pay rent due to the impact of the Covid-19 pandemic.
Outcome
The court grants the restraining order and orders the tenant to continue paying rent arrears.
Orders
- Issue restraining order against landlord and auctioneer
- Order for withdrawal of proclamation notice
- Order for complete account of alleged arrears of rent
- Order for tenant to continue paying rent arrears
Remedies
- Temporary injunction
- Withdrawal of proclamation notice
- Statement of account for alleged arrears of rent
- Continued payment of rent arrears
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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