Swaleh v Hassan Mohammed Hussein t/a Ilade Oil (Tribunal Case E026 of 2022) [2022] KEBPRT 828 (KLR) (Civ) (17 November 2022) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 828
- Citation
- [2022] KEBPRT 828 (KLR)
- Decided
- 17 November 2022
Tenant is restrained from eviction and interference with business, parking slots, and office space; landlord is ordered to pay Kshs 25,000 in costs; OCS Embu Police Station to ensure compliance
Facts
Tenant filed a complaint and motion for restraining orders against landlord due to unlawful closure of car wash and failure to issue statutory notice. Tenant alleged harassment by landlord's station manager and security guard. Landlord opposed, claiming negligence by tenant in waste water management leading to business closure.
Issues
- Unlawful closure of car wash
- Failure to issue statutory notice
- Harassment by landlord's staff
Reasoning
Tenant's complaint and motion supported by evidence of harassment and unlawful closure. Landlord's opposition based on negligence in waste water management leading to business closure.
Outcome
Tenant's complaint and application upheld; landlord ordered to pay costs
Orders
- Restraining orders against landlord from evicting tenant or interfering with business, parking slots, and office space
- OCS Embu Police Station to ensure compliance
- Costs of Kshs 25,000 awarded to tenant against landlord
Remedies
- Restraint from eviction and interference
- Payment of costs
Authorities cited
Legislation (1)
- Landlord and Tenant (Shops, Toilets and Catering Establishments) Act, Cap 301, Laws of Kenya
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