Kimanzi v Ndambuki (Tribunal Case E031 of 2022) [2022] KEBPRT 139 (KLR) (Civ) (10 June 2022) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 139
- Citation
- [2022] KEBPRT 139 (KLR)
- Decided
- 10 June 2022
AI Summary
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TypeCivilPostureApplication for recovery of rent and vacant possessionCoramHON. GAKUHI CHEGE, VICE CHAIR, BUSINESS PREMISES RENT TRIBUNAL
Holding
The application shall be subsumed for hearing together with the main reference in Mombasa BPRT No. E003 of 2022 which is consolidated with this case.
Facts
The landlord sought to recover Kshs.22,500 in rent arrears and vacant possession of the E-Star Pub premises. The tenant denied being a perpetual rent defaulter and claimed she had spent Kshs.250,000 on renovations. The landlord disputed the renovations and claimed the tenant removed the iron sheet roof without consent.
Issues
- Whether the tenant undertook any renovation of the suit premises and if so, whether she had consent of the landlord to justify her claim for compensation or set off against the rent account.
- Whether the notice to terminate tenancy served upon the tenant is valid to warrant the orders of vacant possession sought.
Reasoning
The court found that the tenant had not undertaken any renovation of the premises and that the notice to terminate tenancy was valid.
Outcome
The application is subsumed for hearing together with the main reference in Mombasa BPRT No. E003 of 2022.
Orders
- The tenant will serve the landlord with the filed reference within seven (7) days of this ruling and both parties shall file witness statements and list of all documents that shall be relied upon by them during the hearing within Thirty (30) days hereof.
- The matter shall be mentioned on 8/7/2022 for taking directions on the mode of hearing thereof.
- The status quo shall be maintained by both parties.
- Costs of the application shall abide the outcome of the reference.
Remedies
- The tenant will serve the landlord with the filed reference within seven (7) days of this ruling and both parties shall file witness statements and list of all documents that shall be relied upon by them during the hearing within Thirty (30) days hereof.
- The matter shall be mentioned on 8/7/2022 for taking directions on the mode of hearing thereof.
- The status quo shall be maintained by both parties.
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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