Wangondu v Oloo & 3 others (Tribunal Case E539 of 2022) [2022] KEBPRT 809 (KLR) (31 October 2022) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 809
- Citation
- [2022] KEBPRT 809 (KLR)
- Decided
- 31 October 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeTribunal CasePostureAppeal from a previous decisionCoramGAKUHI CHEGE, VICE CHAIR
Holding
There exists a landlord/tenant relationship between the applicant and the 1st Respondent, and the 1st Respondent is ordered to pay rent arrears and clear outstanding rent.
Facts
The applicant claims ownership of a business premises previously owned by his deceased mother, while the respondent disputes this and claims the property was sold to him over three years ago.
Issues
- Ownership of the business premises
- Landlord/tenant relationship
Reasoning
The court finds the applicant's claim of ownership valid and orders the respondent to pay rent and clear arrears.
Outcome
In favor of the applicant
Orders
- Compel the 1st Respondent to pay rent arrears of Kshs.170,000/-
- Grant leave to levy distress against the 1st Respondent's goods and properties to recover the rent
- Waive fees on the distress order
- Order the 1st Respondent to pay Kshs.20,000/- in costs to the applicant
Remedies
- Compensation for rent arrears
- Levy distress against the 1st Respondent's property to recover rent
Authorities cited
Legislation (1)
- Cap. 301 Laws of Kenya
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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