Nicholas Nzioka Muinde v Brigit Wanyoike [2022] KEBPRT 43 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 43
- Citation
- [2022] KEBPRT 43 (KLR)
- Decided
- 11 March 2022
The application is allowed, and the landlord and her agents are restrained from interfering with the tenant's use and lawful enjoyment of the suit premises. The tenant is ordered to clear rent arrears and current monthly rent within 30 days, and the landlord's notice to vacate is declared null and void.
Facts
The tenant's business premises were closed due to unpaid rent, leading to a dispute with the landlord. The tenant filed a motion for restraining orders, while the landlord opposed the motion citing rent arrears and the tenant's alleged insubordination.
Issues
- Whether the tenant is entitled to the orders sought.
- Who is liable to pay costs.
Reasoning
Closure of a business premises is illegal and not a means of enforcing rent payment. The tenant has satisfied the conditions for an injunction.
Outcome
Tenant's motion for restraining orders is allowed.
Orders
- Restraint from interfering with tenant's use and lawful enjoyment of the suit premises.
- Tenant to clear rent arrears and current monthly rent within 30 days.
- Landlord's notice to vacate declared null and void.
- Landlord to serve prescribed notice to terminate tenancy under section 4(2) of Cap. 301, Laws of Kenya.
Remedies
- Restraint from interference with tenant's use and enjoyment.
- Payment of rent arrears and current rent.
- Termination of tenancy notice declared null and void.
Authorities cited
Legislation (2)
- Cap. 301 Laws of Kenya
- Section 4(2) of Cap. 301, Laws of Kenya
Cases cited (1)
- Giella vs Cassman Brown & Co. Ltd (1973) EA 358
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