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Kimmi Housing Co-Operative Society Ltd v Dakwa Agencies [2022] KEBPRT 47 (KLR)

[2022] KEBPRT 47 (KLR) Business Premises Rent Tribunal
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Court
Business Premises Rent Tribunal
Case number
47
Citation
[2022] KEBPRT 47 (KLR)
Decided
23 February 2022
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeBusiness Premises Rent TribunalPostureConsolidated appealsCoramHON. GAKUHI CHEGE, VICE CHAIR, BUSINESS PREMISES RENT TRIBUNAL
Holding

The Tribunal confirms the rent arrears claims and orders the tenant to pay the amounts as stated in the rent account statements. The Tribunal also orders the landlord to institute separate proceedings for validation of the tenancy notices for rent increment.

Facts

The landlord, Kimmi Housing Co-Operative Society Ltd, seeks orders to compel the tenant, Dakwa Agencies, to pay rent arrears in various business premises in Nairobi. The landlord has provided rent account statements for the period January 2016 to July 2019.

Issues

  1. Rent arrears claims
  2. Validation of tenancy notices for rent increment

Reasoning

The Tribunal reviewed the rent account statements and the tenant's replying affidavit, finding that the landlord had not increased the rent as claimed by the tenant. The Tribunal also confirmed the monthly rent for certain cases and awarded costs to the landlord.

Outcome

The landlord's claims for rent arrears are upheld, and the tenant is ordered to pay the amounts as stated in the rent account statements. Separate proceedings are ordered for validation of the tenancy notices for rent increment.

Orders

  • Order for payment of rent arrears as stated in the rent account statements
  • Order for separate proceedings for validation of tenancy notices for rent increment

Remedies

  • Award of costs to the landlord
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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