Kamau v Gachie & 2 others (Tribunal Case E004 of 2021) [2022] KEBPRT 191 (KLR) (11 May 2022) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 191
- Citation
- [2022] KEBPRT 191 (KLR)
- Decided
- 11 May 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeTribunal CasePostureApplication for restraining orders dismissedCoramHON. GAKUHI CHEGE, VICE CHAIR
Holding
The application and reference are dismissed with costs.
Facts
The tenant, Margaret Wairimu Kamau, is a tenant in a pub on plot no. Kabete/Kibichiko/1003, Wangige Market. She is in rent arrears and seeks restraining orders against the landlord and his agents. The landlord admits the tenant is his tenant and the rent was reduced during the pandemic but has now been reinstated.
Issues
- Whether the tenant is entitled to the equitable relief of injunction.
- Whether the tenant has brought herself within the principles espoused in the case of Giella vs Cassman Brown & Co. Ltd (1973) EA 358.
Reasoning
The tenant failed to demonstrate that she has fulfilled all or virtually all the obligations required to be fulfilled by her as a tenant. The landlord denied harbouring any intention of evicting the tenant but feared she was using the court process to run away with the rent in arrears.
Outcome
The application and reference are dismissed with costs.
Orders
- Application dated 4th January, 2022 and reference of even date are dismissed with costs.
- Landlord's costs are assessed at Kshs.20,000/- against the tenant all inclusive.
Authorities cited
Cases cited (1)
- Giella vs Cassman Brown & Co. Ltd (1973) EA 358
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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