Njau v Wamae (Tribunal Case E732 of 2021) [2023] KEBPRT 31 (KLR) (Civ) (17 February 2023) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 31
- Citation
- [2023] KEBPRT 31 (KLR)
- Decided
- 17 February 2023
The tenant's application and complaint are dismissed, and the landlord's application is allowed. The tenant is ordered to vacate the premises and pay Kshs.50,000 in costs.
Facts
The tenant, Jidraph Muigai Njau, filed a complaint and motion for restraining orders against the landlord, Samuel Maina Wamae, alleging unlawful eviction threats. The suit premises is a bar, butchery, car wash, garage, and Wines & Spirits business. The landlord, Samuel Maina Wamae, issued illegal notices to vacate the premises.
Issues
- Whether the landlord's eviction threats are unlawful.
- Whether the tenant's possession and quiet enjoyment of the premises are protected.
Reasoning
The landlord's actions are found to be illegal and in breach of the lease agreement, which prohibits the tenant from transferring, letting, mortgaging, or parting with possession of the premises without consent.
Outcome
Tenant's application dismissed, landlord's application allowed.
Orders
- Tenant's application and complaint dismissed.
- Tenant ordered to vacate the premises.
- Tenant to pay Kshs.50,000 in costs and mesne profits.
Remedies
- Eviction of the tenant from the premises.
- Payment of costs and mesne profits.
Authorities cited
Legislation (1)
- Cap. 301, Laws of Kenya
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