Silverdash Limited v Walala (Tribunal Case E398 of 2022) [2022] KEBPRT 721 (KLR) (Civ) (23 September 2022) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 721
- Citation
- [2022] KEBPRT 721 (KLR)
- Decided
- 23 September 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for leave to levy distress and terminate tenancyCoramGAKUHI CHEGE, VICE CHAIR
Holding
The landlord's application is allowed in terms of prayers 2 and 3, and the tenant's application is dismissed. Costs are awarded to the landlord.
Facts
The landlord sought leave to levy distress for rent and terminate the tenant's tenancy due to unpaid rent, service charges, and electricity bills. The tenant admitted arrears but claimed harassment and disconnection of services.
Issues
- Whether the landlord is entitled to the reliefs sought
- Whether the tenant's application is properly on record
- Who is liable to pay costs of the suit
Reasoning
The landlord failed to comply with the notice requirement under Cap. 301, Laws of Kenya, and the tenant's application was procedurally improper.
Outcome
The landlord's application is allowed, and the tenant's application is dismissed.
Orders
- The landlord's application is allowed in terms of prayers 2 and 3
- The tenant's application is dismissed
- Costs of the reference assessed at Kshs.20,000/- are awarded to the landlord
Authorities cited
Legislation (3)
- Cap. 301, Laws of Kenya
- Order 40 of the Civil Procedure Rules
- Order 51 Rule 14 of the Civil Procedure Rules
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…