Mwangi Gitau t/a Bar & Restaurant v Gakau Kiboci (Tribunal Case E088 of 2021) [2022] KEBPRT 248 (KLR) (4 May 2022) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 248
- Citation
- [2022] KEBPRT 248 (KLR)
- Decided
- 4 May 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeTribunal CasePostureApplication for injunction and accountingCoramGAKUHI CHEGE, VICE CHAIR
Holding
The tenant's application for injunction is dismissed with costs. The interim injunctive orders are discharged and the landlord is at liberty to use lawful means to recover any outstanding rent against the tenant.
Facts
The tenant, Mwangi Gitau, sought a declaration that the tenancy was controlled and restraining orders against the landlord from distressing for rent and evicting the tenant. The tenant also sought an order of accounting and 21 days to provide the agreement for renovating the suit premises.
Issues
- Whether the tenant has established a basis for granting reliefs sought herein.
- Whether the distress for rent levied against the tenant is legal.
Reasoning
The court found that the tenant did not establish a basis for granting the injunction and that the landlord's distress for rent was legal under the common law.
Outcome
The tenant's application is dismissed with costs.
Orders
- The tenant's application dated November 2, 2021 and the reference of even date are hereby dismissed with costs.
- The interim injunctive orders given on November 5, 2021 are hereby discharged and/or set aside.
- The landlord is at liberty to use lawful means to recover any outstanding rent against the tenant.
Remedies
- Costs assessed at kshs 20,000/- all inclusive.
Authorities cited
Legislation (2)
- Evidence Act, cap 80 Laws of Kenya
- Distress for Rent Act, cap 293 Laws of Kenya
Cases cited (2)
- John Nthumbi Kamwithi vs Asha Akumu Juma (2018) eKLR
- Peter Nthenge vs Daniel Itumo & Another Nairobi HCCC no 1242 of 1974
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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