Camp Zodiac Africa Group Limited v Awuor & another (Tribunal Case E154 of 2022) [2023] KEBPRT 1202 (KLR) (Civ) (26 May 2023) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 1202
- Citation
- [2023] KEBPRT 1202 (KLR)
- Decided
- 26 May 2023
The court allowed the tenant's application in terms of prayer 3 and 4 thereof and ordered that the matter be fixed for hearing of the reference on a priority basis.
Facts
The tenant, Camp Zodiac Africa Group Limited, sought an injunction against the landlords, Angela Awuor and Penina Atieno, to prevent them from interfering with the tenant's quiet possession of the tenancy premises. The tenant claimed that the landlords had issued two notices to vacate the premises, which were found to be invalid. The tenant also claimed compensation for improvements made to the premises.
Issues
- Whether the tenant is entitled to the orders of injunction sought in the application
- Whether the landlords are obligated to issue a proper notice and compensate the tenant for improvements
Reasoning
The court found the landlords' notices invalid and noted that the relationship between the parties was governed by a controlled tenancy. The court also stated that the issue of whether the tenant carried out renovations and is entitled to compensation for them would be dealt with at the full hearing of the reference.
Outcome
The tenant's application was granted.
Orders
- Ordering the landlords to be restrained from interfering with the tenant's quiet possession of the tenancy premises
- Ordering the matter to be fixed for hearing of the reference on a priority basis
Remedies
- Injunction
- Compensation for improvements
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