Simeon Guy Obiye v Susan Nungali Gachui & Kimani Wanyoike (Tribunal Case 943 of 2020) [2021] KEBPRT 636 (KLR) (9 April 2021) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 636
- Citation
- [2021] KEBPRT 636 (KLR)
- Decided
- 9 April 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeTribunal CasePostureTenant's Application for Interim Injunction and Other OrdersCoramCyprian Mugambi Nguthari
Holding
The application is allowed in terms of prayer (b) and (c) of the said application.
Facts
The Tenant applied for orders to compel the Respondents to open up the suit premises, allow him to break in, and for an interim injunction against the landlord and caretaker. The Landlord did not provide evidence to prove the Tenant owed Kshs 240,000.
Issues
- Opening of Suit Premises
- Interim Injunction Against Landlord and Caretaker
- Restoration of Tenancy and Stocks
- Compensation for Losses
Reasoning
The Landlord did not provide evidence to prove the Tenant owed Kshs 240,000. The silence and lack of a specific response regarding the illegal closure of the Applicant's business premises is considered telling.
Outcome
Application allowed
Orders
- Compel the Respondents to immediately open up the suit premises
- Allow the Tenant to break into the suit premises
- Issue an interim injunction against the landlord and caretaker
- Order the landlord to restore the tenant's tenancy and stocks in their original quality and quantity
- Order the landlord to compensate for any losses
Remedies
- Compensation for any losses
- Restoration of tenancy and stocks
Authorities cited
Legislation (1)
- Section 4(1) (2) of Cap 301 of the Laws of Kenya
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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