Park African Limited v Agricultural Society of Kenya (Tribunal Case 293 of 2020) [2022] KEBPRT 147 (KLR) (Civ) (5 May 2022) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 147
- Citation
- [2022] KEBPRT 147 (KLR)
- Decided
- 5 May 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeBusiness Premises Rent DisputePostureAppeal from a previous rulingCoramGAKUHI CHEGE, VICE CHAIR
Holding
The application is allowed, and the tenant is ordered to pay the rent of Kshs.1,435,780 by May 11, 2022, with the landlord's right to use legal means to recover the amount if not settled.
Facts
The tenant, Park African Limited, sought an extension of six months to pay the balance of rent due after a rent increase in September 2021. The landlord, Agricultural Society of Kenya, demanded full payment by November 2021 and disputed the tenant's arrears.
Issues
- Whether the tenant is entitled to the orders sought in the application dated November 11, 2021.
- How should the rent arrears be calculated by the landlord?
- Who is liable to pay costs of the application?
Reasoning
The tribunal allowed the extension due to the tenant's admitted arrears and the landlord's failure to prosecute the reference in a timely manner.
Outcome
The tenant is ordered to pay the rent by May 11, 2022, with the landlord's right to use legal means to recover the amount if not settled.
Orders
- The application dated November 11, 2021 is allowed.
- The tenant is ordered to pay the rent of Kshs.1,435,780 by May 11, 2022.
- The landlord is entitled to use legal means to recover the amount if not settled after May 11, 2022.
Remedies
- Payment of rent by the tenant within the specified period.
- The landlord's right to use legal means to recover the amount if not settled after May 11, 2022.
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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