Wilfred Kamau Ndung’u v Beryl Mate [2022] KEBPRT 100 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 100
- Citation
- [2022] KEBPRT 100 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLandlord and Tenant DisputePostureAppeal from a ruling dismissing an application for possession and arrearsCoramHON A. MUMA, VICE CHAIR
Holding
The Landlord's application is dismissed with the Landlord refunding Kshs. 185,000 to the Tenant and having vacant possession of the premises.
Facts
The Landlord and Tenant entered into an oral agreement for a car wash space, with the Tenant owing Kshs. 90,000 in outstanding rent and Kshs. 20,000 for July 2021 rent. The Landlord demanded payment, and the Tenant responded with a demand for Kshs. 185,000.
Issues
- Whether the contract was breached and by whom
- Consequences of the breach
Reasoning
The Tribunal found the agreement to be oral and not covered by the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, thus limited its jurisdiction to the oral agreement.
Outcome
Appeal dismissed
Orders
- Landlord refunds Kshs. 185,000 to Tenant
- Landlord has vacant possession of the premises
- Tenant has costs
Remedies
- Refund of Kshs. 185,000 to Tenant
- Vacant possession of the premises
Authorities cited
Legislation (1)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act Cap 301
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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