Beatrice Monyani Elam v Rukia Tristar Properties Ltd & another [2022] KEBPRT 63 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 63
- Citation
- [2022] KEBPRT 63 (KLR)
- Decided
- 18 January 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeBusiness Premises Rent TribunalPostureApplication dismissedCoramHON. CYPRIAN MUGAMBI NGUTHARI
Holding
The application has no merits and is dismissed with costs to the respondents.
Facts
The tenant, Beatrice Monyani Elam, was in rent arrears of Kshs 633,000 and auctioneers charges of Kshs 73,000 as of September 2021. The tenant admitted to the arrears but did not disclose the total amount owing. The tenant and the respondents verbally agreed on how to clear the rent arrears, but the details were not clear.
Issues
- Whether the tenant is entitled to equitable orders of injunction from the tribunal
Reasoning
The tenant was in rent arrears and the respondents' right to levy distress was legally exercised. The tenant cannot be entitled to equitable orders of injunction from the tribunal as the tenant admitted to the arrears and no orders were sought pending the hearing.
Outcome
Application 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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