Karuku v Njoroge (Tribunal Case E106 of 2022) [2023] KEBPRT 364 (KLR) (Civ) (6 June 2023) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 364
- Citation
- [2023] KEBPRT 364 (KLR)
- Decided
- 6 June 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a previous orderCoramHON A. MUMA, VICE CHAIR
Holding
There is no tenancy relationship between the parties, and the Tribunal does not have jurisdiction to assess and order for damages.
Facts
The tenant, Geoffrey Munyua Karuku, moved the Tribunal seeking an injunction against the respondent, Teresia Njoroge, to restrain her from illegal detention of the tenant's tools of business and to allow the tenant to enjoy the premises without interference.
Issues
- existence of tenancy relationship
- jurisdiction of the Tribunal to assess and order for damages
Reasoning
The tenant is no longer in the premises, and the tenancy relationship was terminated. The Tribunal's jurisdiction is limited to controlled tenancies, and the improvements made by the tenant are considered basic improvements.
Outcome
The tenant's reference and application are allowed partially, with the tenant awarded Kshs. 14,000.00 as a refund.
Orders
- Tenant awarded Kshs. 14,000.00 as a refund
Remedies
- Refund of Kshs. 14,000.00
Authorities cited
Legislation (2)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act Chapter 301 Laws of Kenya
- Public Health Act
Cases cited (1)
- Interstate Trade Company v Registered Trustees of Catholic Archdiocese of Mombasa (2022) eKLR
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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