Mwangi v Kuria t/a Waciru Commercial and Property Agencies (Tribunal Case 34 of 2021) [2023] KEBPRT 40 (KLR) (Civ) (11 January 2023) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 40
- Citation
- [2023] KEBPRT 40 (KLR)
- Decided
- 11 January 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for review, stay and setting aside of tribunal ordersCoramGAKUHI CHEGE
Holding
The ruling of May 27, 2022 is reviewed or varied with the amount of rent arrears owing by the tenant to the landlord being reduced to Kshs 70,000/-.
Facts
The tenant, Mwangi, sought review, stay and setting aside of the tribunal orders of May 27, 2022. The landlord, Kuria, had leased the premises to Mwangi for two years, but later took control of the premises and collected rent from Mwangi.
Issues
- Review of the tribunal orders
- Reduction of rent arrears
- Holding costs
Reasoning
The landlord's control of the premises after the lease agreement expired and the tenant's continued payment to the interested party indicate the end of the landlord-tenant relationship.
Outcome
The ruling of May 27, 2022 is reviewed or varied with the amount of rent arrears reduced to Kshs 70,000/-.
Orders
- Reduction of rent arrears to Kshs 70,000/-
- Holding costs of Kshs 30,000/- in favor of the landlord
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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