Nduta v Mwangi & another (Tribunal Case E084 of 2022) [2023] KEBPRT 417 (KLR) (Civ) (19 July 2023) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 417
- Citation
- [2023] KEBPRT 417 (KLR)
- Decided
- 19 July 2023
The tenant's reference and application dated 6th July 2022 are dismissed in the following terms: the tenant shall hand over vacant possession of the premises failure to which the landlord shall be at liberty to break in to the premises. OCS Bondeni Police Station to assist with compliance. Each party shall bear their own Costs.
Facts
The tenant, Lynn Nduta, rented space from landlords Mary Mwangi and Charles Wagana. The tenant filed a reference and notice of motion application seeking to be restrained from eviction, harassment, and reinstatement. The application was dismissed for non-attendance, and the landlord was granted leave to levy distress. The tenant then filed an application to reinstate the reference, which was upheld.
Issues
- Whether the landlord's action to levy distress for rent was lawful?
- Whether the termination notice issued by the landlord and the reasons advanced are valid?
Reasoning
The tenant's application was dismissed due to non-attendance, and the landlord was granted leave to levy distress. The tenant's subsequent application to reinstate the reference was upheld.
Outcome
The tenant's reference and application were dismissed.
Orders
- The tenant shall hand over vacant possession of the premises failure to which the landlord shall be at liberty to break in to the premises.
- OCS Bondeni Police Station to assist with compliance.
- Each party shall bear their own Costs.
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