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Monica Waithera Chege t/a Wakalucy v Acquarium Guest Homes Limited & another [2022] KEBPRT 35 (KLR)

[2022] KEBPRT 35 (KLR) Business Premises Rent Tribunal
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Court
Business Premises Rent Tribunal
Case number
35
Citation
[2022] KEBPRT 35 (KLR)
Decided
7 March 2022
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLandlord-Tenant DisputePosturePreliminary Objection to MotionCoramHON. CYPRIAN MUGAMBI NGUTHARI, HON. P. MAY
Holding

The preliminary objection is dismissed with costs.

Facts

The tenant's shop was demolished by Athi Water Works Ltd, and the tenant was compensated. The tenant and the landlord still have a tenancy relationship.

Issues

  1. No Landlord-Tenant relationship
  2. Tenant not in occupation
  3. Tenant's motion should be dismissed

Reasoning

The tribunal found the preliminary objection lacks merit and required evidence to review the facts.

Outcome

Preliminary Objection Dismissed

Orders

  • Order for Rent Inspector to inspect the suit premises and prepare a status report on physical occupation
  • Order for parties to share court inspection charges
  • Order for OCS Kiambu Police Station to enforce peace and tranquility
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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