Eva Njuguna Mumbi v Tristar Properties Limited & another [2022] KEBPRT 110 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 110
- Citation
- [2022] KEBPRT 110 (KLR)
The application is allowed, and the applicant shall continue paying Kshs.16,000/- to the Respondents pending hearing and determination of the main reference.
Facts
The applicant Eva Njuguna Mumbi bought a shop from Catherine Koki Smith in April 2021. The 1st Respondent (Tristar Properties Limited) and 2nd Respondent (Sharif Swaleh Mohsen) are the landlord and administrator respectively. The applicant was assured by the 1st Respondent that the premises had no arrears and was given a paybill number to pay rent. However, in July 2021, the 1st Respondent demanded an increased rent and agency fees, which the applicant refused to sign. The 1st Respondent then became hostile, threatening eviction and disconnection of utilities.
Issues
- Whether the applicant has a protected tenancy
- Whether the applicant has locus standi to sue
- Whether the applicant is a tenant in the suit premises
Reasoning
The Tribunal found that the applicant had a prima facie case and that the balance of convenience tilts in her favor. The Tribunal also determined that it has jurisdiction to determine the reference and that the applicant is a tenant in the suit premises.
Outcome
The application is allowed.
Orders
- The applicant shall continue paying Kshs.16,000/- to the Respondents pending hearing and determination of the main reference.
- The applicant’s application for a permanent injunction is allowed.
- The Tribunal has jurisdiction to determine the reference.
- Costs of the application shall abide the outcome of the main reference.
Remedies
- Continuation of rent payments
Authorities cited
Legislation (2)
- Cap. 301, Laws of Kenya
- Article 159(2) (d) of the Constitution of Kenya, 2010
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