Gitau v Mbugua & another (Tribunal Case E428 of 2023) [2023] KEBPRT 1341 (KLR) (19 September 2023) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 1341
- Citation
- [2023] KEBPRT 1341 (KLR)
- Decided
- 19 September 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeTribunal CasePostureApplication for Temporary InjunctionCoramP. MAY
Holding
The application is allowed, and the tenant is ordered to file and serve a statement of proof of payment of rent and outstanding arrears within 7 days.
Facts
The tenant, John Mungai Gitau, leased a demised property from the landlord, Geoffrey Kariuki Mbugua, in January 2012. The tenant temporarily closed his shop in February 2020 and closed permanently in October 2022, accumulating rent arrears. The landlord issued a notice to vacate dated 28/3/2023, which the tenant challenged.
Issues
- Validity of the notice to vacate issued by the landlord
- Equity and compliance with contractual obligations
Reasoning
The tenant's default in rent payment constitutes a breach of contractual obligations, but the application is allowed as the tenant has taken steps to rectify the default.
Outcome
Application allowed
Orders
- Tenant to file and serve a statement of proof of payment of rent and outstanding arrears within 7 days
- Tenant to clear any outstanding arrears within 7 days
- Each party to bear their own costs
- Reference dated 26/4/2023 to be settled under similar terms
Remedies
- Temporary injunction preventing eviction pending inter-partes hearing
- Order for payment of rent and outstanding arrears
Authorities cited
Legislation (1)
- Cap 301 (Landlord and Tenant Act)
Cases cited (1)
- Giella vs Cassman Brown
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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