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Jacob Mati Ajoi v Gaiah Diria Ado [2021] KEBPRT 635 (KLR)

[2021] KEBPRT 635 (KLR) Business Premises Rent Tribunal
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Court
Business Premises Rent Tribunal
Case number
635
Citation
[2021] KEBPRT 635 (KLR)
Decided
6 April 2021
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeBusiness Premises Rent TribunalPostureAppeal from a final orderCoramCyprian Mugambi Nguthari
Holding

The Tribunal finds that the Landlord has proved his case and orders the Tenant to pay the outstanding rent of Kshs 2,300,000/- and vacate the premises within 30 days.

Facts

The Landlord, Jacob Mati Ajoi, sued the Tenant, Gaiah Diria Ado, for unpaid rent of Kshs 2,300,000/- for eight months. The Tenant, Gaiah Diria Ado, was served with a notice to attend court but did not attend the hearing.

Issues

  1. Tenant's failure to pay rent
  2. Landlord's right to evict the Tenant

Reasoning

The Landlord provided evidence of the Tenant's failure to pay rent and the Tribunal found that the Landlord had proved his case on a balance of probability.

Outcome

Tenant ordered to pay Kshs 2,300,000/- and vacate the premises within 30 days

Orders

  • Tenant to pay Kshs 2,300,000/-
  • Tenant to vacate the premises within 30 days
  • Landlord to evict the Tenant if the Tenant does not vacate the premises
  • Landlord to levy distress for the outstanding rent

Remedies

  • Eviction of the Tenant
  • Levying distress for the outstanding rent

Authorities cited

Legislation (2)
  • Cap 301 Laws of Kenya
  • Landlord and Tenant (Shops, Hotels and Catering Establishments) Act
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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