Gaithuma John Muthoga v George Simon Gikonyo [2021] KEBPRT 643 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 643
- Citation
- [2021] KEBPRT 643 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeBusiness Premises Rent TribunalPostureApplication for injunctive relief to open and allow access to business premisesCoramCYPRIAN MUGAMBI NGUTHARI, HON P. MAY
Holding
The application is disallowed with no orders as to costs due to the Tenant's removal from the premises
Facts
The Tenant applied to the Tribunal to be allowed access to the business premises due to the landlord's closure and threats of eviction. The landlord opposed the application, citing arrears of rent and the sale of the Tenant's goods.
Issues
- Tenant's right to access the premises
- Landlord's right to levy distress for unpaid rent
- Validity of the eviction process
Reasoning
The Tribunal found that the eviction was illegal and that the Tenant was no longer a tenant of the landlord. The landlord's right to levy distress was valid but the Tenant retained the right to an account of the sale of his goods.
Outcome
Disallowed
Authorities cited
Legislation (1)
- Distress for Rent Act Cap 293
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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