Pepercrest Company Limited v Peter Macharia Wamutte & Rose Violet Kerigo Murage Trading As Rack Reality [2022] KEBPRT 59 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 59
- Citation
- [2022] KEBPRT 59 (KLR)
- Decided
- 16 February 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeTribunal CasePostureTenant's application for an injunction against landlord to restrain eviction pending determination of complaintCoramHON. GAKUHI CHEGE, Thuku for the Tenant, Landlord/Respondent present in person, Rose Kerigo- Co. Landlord present in person
Holding
Tenant's application for injunction is dismissed with costs, interim orders are discharged, landlord awarded Kshs.20,000 in costs, and landlord is at liberty to recover outstanding rent.
Facts
Tenant applied for an injunction to prevent eviction from business premises due to alleged threats and landlord's failure to carry out repairs. Tenant claimed to have made repairs worth Kshs.160,000, but was in arrears of Kshs.87,500.
Issues
- Whether the tenant is entitled to the reliefs sought.
- Who is liable to pay costs.
Reasoning
Tenant failed to show a prima facie case and had not fulfilled its obligations, including payment of rent. Tenant was in arrears of Kshs.87,500.
Outcome
Tenant's application dismissed
Orders
- Tenant's application dated 17/9/2021 and reference of even date dismissed with costs.
- Interim orders given on 23/9/2021 discharged and/or vacated.
- Landlord awarded Kshs.20,000 in costs.
- Landlord at liberty to use lawful means to recover outstanding rent without further recourse to the Tribunal.
Remedies
- Costs awarded to landlord.
- Interim orders discharged.
Authorities cited
Cases cited (3)
- Giella vs Cassman Brown and Co. Ltd (1973) EA 358
- Kyangavo vs Kenya Commercial Bank Ltd & Another (2004) eKLR
- Samuel Kipkori Ngeno vs Local Authorities Pension Trust (Registered Trustees) & Another (2013) eKLR
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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