Mike Muli v Justus Mwandikwa Kilonzo & 4 others [2021] KEBPRT 71 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 71
- Citation
- [2021] KEBPRT 71 (KLR)
- Decided
- 24 December 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeBusiness Premises Rent TribunalPostureApplication for dismissal of complaint for abuse of court processCoramHON. GAKUHI CHEGE, MWANIKI, KILUVA
Holding
The landlord is entitled to the orders sought in the application and the tenant's application is dismissed.
Facts
The tenant, Mike Muli, was a tenant at the landlord's premises in Mwingi Town, paying a monthly rent of Kshs.15,000. The lease was for 2 years from July 2019 to July 2021 and expired on 31 July 2021. The tenant was in rent arrears of Kshs.181,000 and continued to occupy the premises without paying rent.
Issues
- Whether the landlord/tenant relationship still subsists.
- Whether the landlord is entitled to the reliefs sought.
- Who is liable to pay costs.
Reasoning
The tenancy agreement expired in July 2021, and the tenant continued to occupy the premises without consent or renewal. The landlord is entitled to possession of the suit premises.
Outcome
The landlord's application is allowed with costs, and the tenant's application is dismissed.
Orders
- The landlord is awarded possession of the suit premises.
- The tenant shall give vacant possession of the suit premises.
- The landlord is awarded costs of the reference.
Remedies
- Possession of the suit premises.
- Costs awarded to the landlord.
Authorities cited
Cases cited (2)
- Republic vs Chairperson, Business Premises Rent Tribunal at Nairobi & Another ex-parte Suraj Housing & Properties Limited & 2 Others (2016) eKLR
- Kasturi Limited vs Nyeri Wholesalers Limited (2014) eKLR
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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