Dalcom Kenya Limited v Francis C Maritim & Moran Auctioneers (Tribunal Case E205 of 2021) [2021] KEBPRT 60 (KLR) (25 November 2021) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 60
- Citation
- [2021] KEBPRT 60 (KLR)
- Decided
- 25 November 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeTribunal CasePostureApplication for Injunction and Stay of ExecutionCoramHON. CYPRIAN MUGAMBI NGUTHARI
Holding
The Tribunal finds that the Landlord did not require leave or permission from the Tribunal to levy distress for rent, and the Tenant has not demonstrated that the proclamation was illegal.
Facts
The Tenant/Applicant, Dalcom Kenya Limited, is facing rent arrears due to the impact of the COVID-19 pandemic on their business. The Landlord, Francis C. Maritim & Moran Auctioneers, has issued distress for rent that the Tenant claims was not legally required.
Issues
- Whether the Landlord required leave or permission from the Tribunal to levy distress for rent
- Whether the Tenant has demonstrated that the proclamation by the Respondents was illegal
Reasoning
The Tribunal dismissed the application as the Landlord did not need leave to levy distress and the Tenant failed to show the proclamation was illegal.
Outcome
Application dismissed with costs to the Landlord
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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