Ongeri v Muigai & another (Tribunal Case 1004 of 2020) [2022] KEBPRT 759 (KLR) (Civ) (13 July 2022) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 759
- Citation
- [2022] KEBPRT 759 (KLR)
- Decided
- 13 July 2022
The tenant's reference in regard to the unlawful notice to vacate dated 7th November 2020 is allowed and the notice declared to be of no legal effect. The tenant's application dated 16th December 2020 is dismissed on account of failure to pay rent after the interim orders were granted in his favor. The Respondent's application dated 6th September 2021 is allowed and the orders given on 16th December 2020 are hereby discharged and/or vacated. Each party shall bear own costs of the proceedings.
Facts
The tenant was granted ex-parte orders to restrain the landlord and agent from interfering with his quiet enjoyment of the premises. The tenant claimed he had been paying rent through the landlord's agent, but the landlord's agent provided a rent account statement showing arrears.
Issues
- Whether the tenant is entitled to the reliefs sought in the application dated 16th December 2020.
- Whether the landlord is entitled to the reliefs sought in the application dated 6th September 2021.
- Who is liable to pay costs of the suit?
Reasoning
The tenant stopped paying rent after the interim orders were granted, and the landlord's agent provided evidence of arrears. The tenant failed to demonstrate he had fulfilled his obligations under the tenancy contract.
Outcome
The tenant's application dated 16th December 2020 is dismissed, and the landlord's application dated 6th September 2021 is allowed.
Orders
- The tenant's reference in regard to the unlawful notice to vacate dated 7th November 2020 is allowed and the notice declared to be of no legal effect.
- The tenant's application dated 16th December 2020 is dismissed on account of failure to pay rent after the interim orders were granted in his favor.
- The Respondent's application dated 6th September 2021 is allowed and the orders given on 16th December 2020 are hereby discharged and/or vacated.
- Each party shall bear own costs of the proceedings.
Remedies
- The tenant's reference in regard to the unlawful notice to vacate dated 7th November 2020 is allowed and the notice declared to be of no legal effect.
- The tenant's application dated 16th December 2020 is dismissed on account of failure to pay rent after the interim orders were granted in his favor.
- The Respondent's application dated 6th September 2021 is allowed and the orders given on 16th December 2020 are hereby discharged and/or vacated.
- Each party shall bear own costs of the proceedings.
Authorities cited
Legislation (1)
- Cap. 301
Cases cited (1)
- Industrial Development Bank Limited
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