Camp Zodiac Africa Group Limited v Atieno & another (Tribunal Case E154 of 2022) [2023] KEBPRT 1145 (KLR) (22 December 2023) (Ruling)

Facts

The Landlord seeks orders for payment of rent arrears and vacating the premises, while the Tenant contests the application, claiming the Landlord's application is res judicata and that the Landlord has interfered with the Tenant's ability to use the premises.

Issues

1. Whether the Landlord's application is res judicata
2. Whether the Landlord ought to be called for cross examination on the contents of her affidavit
3. Whether the Landlord is entitled to the orders sought in the application

Reasoning

The court finds the Landlord's application for payment of rent arrears is not barred by res judicata. The court also dismisses the Tenant's contention that the Landlord has interfered with the Tenant's ability to use the premises, as the Tenant has not produced evidence of such interference.

Outcome

The Tenant is ordered to pay rent arrears of Kshs 720,000/=

Authorities cited