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Sarah Mugo t/a Shilloh Loaf v Charity Kabari Gacheni [2022] KEBPRT 37 (KLR)

[2022] KEBPRT 37 (KLR) Business Premises Rent Tribunal
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Court
Business Premises Rent Tribunal
Case number
37
Citation
[2022] KEBPRT 37 (KLR)
Decided
16 March 2022
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeBusiness Premises Rent TribunalPostureAppeal from a previous decisionCoramHON. CYPRIAN MUGAMBI NGUTHARI
Holding

The application for an injunction is dismissed with costs to the Landlord

Facts

The Tenant, Sarah Mugo, operates a business at the suit premises and has not paid rent since March 2020. The Landlord, Charity Kabari Gacheni, has not received rent and has not been earning revenue from the premises.

Issues

  1. Whether the Tenant should be granted an injunction to reconnect electricity and pay rent in installments
  2. Whether the Landlord should be granted an injunction to prevent the Tenant from interfering with the tenancy

Reasoning

The Tenant's statement about heavy business investment is insufficient to demonstrate irreparable loss. The Landlord is entitled to a fair share of the investment and the balance of convenience tilts in favor of the Landlord.

Outcome

Appeal dismissed

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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