Umoja Service Station Ltd v Gilbert P O Galana t/a Aafrowide Cbo Health Care [2022] KEBPRT 82 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 82
- Citation
- [2022] KEBPRT 82 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeBusiness Premises Rent TribunalPostureApplication for leave to levy distressCoramHON. GAKUHI CHEGE, MISS SIMIYU, MR. MUCHIRI
Holding
The landlord's application is allowed, and the tenant is ordered to pay Kshs.20,000 in costs and the landlord's distress fees are waived.
Facts
The landlord owns premises and the tenant owes rent arrears of Kshs.5,790,736.29. The tenant presented fake banking slips and filed criminal cases against the landlord.
Issues
- Whether the landlord is entitled to the orders sought?
- Who is liable to pay costs?
Reasoning
The tenant owes rent arrears and the landlord has the right to levy distress under the Distress for Rent Act and the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act.
Outcome
The landlord's application is allowed.
Orders
- The landlord's application dated 3rd March 2022 is hereby allowed as prayed.
- The tenant shall pay costs of Kshs.20,000/- to the landlord.
- The requirement for payment of distress fees by the landlord is hereby waived given the collosal amount of rent outstanding.
Authorities cited
Legislation (2)
- Distress for Rent Act, Cap. 293, Laws of Kenya
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act 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.
Loading judgment…