Interstate Trade Company Limited v Registered Trustees of Catholic Archdiocese of Mombasa (Tribunal Case E093 of 2021) [2022] KEBPRT 819 (KLR) (Civ) (4 November 2022) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 819
- Citation
- [2022] KEBPRT 819 (KLR)
- Decided
- 4 November 2022
The tenant’s renovation expenses are capped at Kshs 1,200,000.00, and the tenant is required to pay Kshs 700,000.00 in rent arrears and Kshs 100,000.00 in forward rent.
Facts
The tenant, Interstate Trade Company Limited, entered into a verbal tenancy agreement with the landlord, Registered Trustees of Catholic Archdiocese of Mombasa, to renovate the premises. The landlord reneged on the agreement, leading the tenant to seek a tribunal to re-enter the premises and restrain the landlord from interfering with their quiet enjoyment.
Issues
- Whether the tenant’s renovation expenses are justifiable and if so, how much?
Reasoning
The tribunal found the tenant’s claim for Kshs 2,807,420.00 as the net costs of renovation to be unchallenged and justified, but capped it at Kshs 1,200,000.00 due to the agreement between the parties.
Outcome
The tenant's reference is settled with the above terms.
Orders
- The tenant's cost of renovation is capped at Kshs 1,200,000.00.
- The tenant is required to pay Kshs 700,000.00 in rent arrears by November 30, 2022.
- The tenant is required to pay Kshs 100,000.00 in forward rent on or before the 5th day of every month.
Remedies
- The tenant's quiet enjoyment of the premises is protected.
- The landlord is restrained from interfering with the tenant's quiet enjoyment.
Authorities cited
Legislation (1)
- Landlord and Tenant (Shops, Hotels, and Catering Establishment) Act chapter 301 laws of Kenya
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