Njeru v Sialala (Tribunal Case E413 of 2022) [2023] KEBPRT 1 (KLR) (Civ) (9 January 2023) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 1
- Citation
- [2023] KEBPRT 1 (KLR)
- Decided
- 9 January 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a decision of the Business Premises Rent TribunalCoramGAKUHI CHEGE, VICE CHAIR
Holding
The tenant is entitled to the reliefs sought in the applications dated May 12, 2022 and May 17, 2022.
Facts
The tenant, Mary W Njeru, filed a complaint and applications against the landlord, Alexander Kipaiyu Sialala, alleging that her business premises were invaded, damaged, and that she was injured during an eviction process. The landlord was ordered to return the consigned belongings to the tenant with immediate effect.
Issues
- Whether the tenant is entitled to the reliefs sought in the applications dated May 12, 2022 and May 17, 2022.
- Who is liable to pay costs.
Reasoning
The court applied the principles from Kenya Breweries Limited & Another vs Washington O Okeyo (2009) eKLR to grant a mandatory injunction on an interlocutory application.
Outcome
The tenant is entitled to the reliefs sought in the applications dated May 12, 2022 and May 17, 2022.
Orders
- Tenant allowed to sue as a pauper with filing fees waived.
- Tenant ordered to return all consigned belongings to the tenant with immediate effect pending hearing of the application inter-partes.
- Breaking order issued to the tenant.
- Landlord ordered to be supplied with copies of the pleadings to enable him to respond.
Remedies
- Mandatory injunction to compel the landlord to return consigned belongings with immediate effect.
- Breaking order to enable police to get the tenant back to the shop.
Authorities cited
Legislation (1)
- Cap 301, Laws of Kenya (Business Premises Rent Tribunal Act)
Cases cited (1)
- Kenya Breweries Limited & Another vs Washington O Okeyo (2009) eKLR
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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