Gitau v Woodtime Limited (Tribunal Case E230 of 2022) [2022] KEBPRT 142 (KLR) (Civ) (15 July 2022) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 142
- Citation
- [2022] KEBPRT 142 (KLR)
- Decided
- 15 July 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureTenant's application for temporary injunction against landlordCoramP. May, Vice Chair
Holding
Application dismissed with no orders as to costs
Facts
Tenant Joseph Kangethe Gitau applied for an injunction against landlord Woodtime Limited due to unpaid rent arrears, specifically for the months of January and February 2022.
Issues
- Whether the levying of distress was done within the purview of the law?
- Whether the tenant is deserving the grant of the orders sought
Reasoning
Tenant admitted to being in rent arrears, but disputes the actual amount due. The court found that the landlord's right to levy distress was established, as there were rent arrears. The tenant's application was without merit.
Outcome
Application dismissed
Authorities cited
Legislation (1)
- Distress for Rent Act Cap 296
Cases cited (3)
- Julius Mogalla Gellode T/A Esmart Technical College Vs Ouru Power Ltd and Joseph Nyachoti T/A Minimax Automotives [2016] eKLR
- Peter Nthenge Vs Daniel Itumo & Another Nairobi HCCC No 1242 of 1974
- John Nthumbi Kamwizhi Vs Asha Akumu Juma, Embu HCCA No. 7A of 2016
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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