Mitu Mwongela v Philip Samanta [2021] KEBPRT 95 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 95
- Citation
- [2021] KEBPRT 95 (KLR)
- Decided
- 19 November 2021
AI Summary
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TypeTribunal CasePostureApplication for injunction grantedCoramHON. GAKUHI CHEGE, VICE CHAIR, BUSINESS PREMISES RENT TRIBUNAL
Holding
Tenant's application for injunction is allowed, and a temporary injunction is granted to restrain landlord from evicting tenant.
Facts
Tenant filed proceedings seeking an injunction against landlord to prevent eviction and interference with business premises. Tenant claimed landlord issued notice to vacate dated 27 May 2021, intending to carry out renovations without tenant's knowledge.
Issues
- Whether tenant is entitled to a permanent injunction
- Whether landlord's notice to vacate was properly served
Reasoning
Tenant's fear of eviction is genuine and well-founded, and the Tribunal is legally bound to protect tenants from eviction in the pendency of proceedings.
Outcome
Tenant's application granted
Orders
- Temporary injunction granted to restrain landlord from evicting tenant
- Tenant to pay rent within 45 days or landlord may levy distress
- Costs to be determined in main reference
Remedies
- Temporary injunction
- Payment of rent
Authorities cited
Legislation (1)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, Cap 301, 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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