Abdikadir Ahmed t/a Uptown Restaurant v Chumz Limited & another (Tribunal Case E481 of 2023) [2023] KEBPRT 1229 (KLR) (3 November 2023) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 1229
- Citation
- [2023] KEBPRT 1229 (KLR)
- Decided
- 3 November 2023
- Judge
- CN Mugambi
- Parties
- raw · defendants · plaintiffs
The tenant is entitled to an injunction to prevent the landlord from interfering with his occupation, possession, or interest in the property. The tenant is also required to clear rent arrears within 30 days.
Facts
The tenant, Abdikadir Ahmed, claimed to be the legal proprietor of the property known as L.R. no 330/298 Kilimani, Ole Dume road. He alleged that the landlord, Chumz Limited, had terminated his lease and taken possession of the property. The tenant sought an injunction to prevent the landlord from interfering with his occupation, possession, or interest in the property. The landlord disputed the tenant's claim to the property and argued that the tenant was in arrears on rent.
Issues
- Whether the Tribunal has the jurisdiction to hear and determine the matter.
- Whether the tenant is entitled to the orders sought in his application.
Reasoning
The Tribunal found that the tenant's interest in the property is the restaurant and lounge business in the suit premises. The landlord's objection to the suit on the basis of Section 12 of Cap 301 was dismissed. The tenant was found to be in arrears on rent, and the Tribunal ordered him to clear the arrears within 30 days.
Outcome
The tenant's application for an injunction was granted.
Orders
- The tenant will clear the rent arrears within the next thirty (30) days of this ruling.
Remedies
- Injunction to prevent landlord from interfering with tenant's occupation, possession, or interest in the property.
Authorities cited
Legislation (2)
- Cap 301
- Section 12 of Cap 301
Cases cited (1)
- ELC Case no E362 of 2022
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