George Ojiambo v Geofrey Mulei C/O Mutune General Agencies Ltd [2022] KEBPRT 40 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 40
- Citation
- [2022] KEBPRT 40 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeTribunal DecisionPostureApplication for Injunction and CostsCoramHON. CYPRIAN MUGAMBI NGUTHARI
Holding
Tenant is not entitled to the orders sought in his application for injunction. Landlord is entitled to distress for rent due.
Facts
Tenant George Ojiambo seeks an injunction to prevent landlord from interfering with his occupation of shops at Changamwe, Mikanjuni, pending inter partes hearing. Tenant claims landlord threatened him and unlawfully evicted him. Tenant has been paying rent since 2019.
Issues
- Whether Tenant is entitled to the orders sought in his application for injunction
Reasoning
Tenant's rent arrears are established. Landlord's notice to vacate was defective and not in the prescribed form. Tenant's claim for termination of tenancy is not supported.
Outcome
Tenant's application for injunction is dismissed. Landlord is allowed to distress for rent due.
Orders
- Restrain Landlord from illegally terminating Tenant's tenancy
- Allow Landlord to distress for rent legally due
Remedies
- Reinstatement of Tenant's tenancy
- Distress for rent due
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.
Loading judgment…