Nyabali v Mbugua & another (Tribunal Case 1027 of 2020) [2023] KEBPRT 281 (KLR) (5 May 2023) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 281
- Citation
- [2023] KEBPRT 281 (KLR)
- Decided
- 5 May 2023
The orders of December 22, 2020 are set aside and the matter is referred to the Milimani High Court for directions.
Facts
The 2nd Respondent (Margaret Wamaitha) entered into a tenancy agreement with the tenant (Peter Kibisu Nyabali) on April 29, 2020, but only paid rent for March 2020. The tenant failed to pay rent thereafter, and the 2nd Respondent issued an order of injunction on December 22, 2020. The tenant claims the 1st Respondent (Robert Mbugua) is the deceased landlord, while the tenant claims the 2nd Respondent is the landlord.
Issues
- Who is entitled to the rental income from the suit property?
- Whether the orders of December 22, 2020 should be set aside and/or varied.
Reasoning
The tenant's claim that the 1st Respondent is the deceased landlord is not supported by evidence. The tenancy agreement is with the estate of the deceased landlord, and the tenant has not paid rent as per the agreement.
Outcome
The orders of December 22, 2020 are set aside and the matter is referred to the Milimani High Court for directions.
Orders
- The orders of December 22, 2020 are set aside.
- The matter is referred to the Milimani High Court for directions.
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