Shelmith Kuria v Catherine Njoki Kibe [2022] KEBPRT 116 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 116
- Citation
- [2022] KEBPRT 116 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeInterlocutory InjunctionPostureTenant's application for an interlocutory injunction against the landlord to restrain the landlord from interfering with the tenant's peaceful use and occupation of the suit premises pending the hearing and determination of the suit.CoramHON. CYPRIAN MUGAMBI NGUTHARI, CHAIRMAN, BUSINESS PREMISES RENT TRIBUNAL
Holding
The tenant's application dated 15th February 2021 is dismissed with costs to the landlord/respondent.
Facts
The tenant pays a monthly rent of Kshs 45,000 for the premises known as plot No. 9114 Nakuru Municipality. The landlord has put up a stair case obstructing and blocking the entrance to the tenant's shop, rented part of the demised premises to another tenant, and allowed other tenants to display their wares along the corridor, blocking the tenant's branding.
Issues
- Whether the tenant is entitled to the orders sought in her application dated 15th February 2021.
Reasoning
The tenant has not established a prima facie case with a probability of success against the landlord. The landlord's answers given were sufficient, and the threats of auction were not established.
Outcome
The tenant's application is dismissed.
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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