Kamwara v Mwaria (Tribunal Case E018 of 2022) [2023] KEBPRT 418 (KLR) (Civ) (21 July 2023) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 418
- Citation
- [2023] KEBPRT 418 (KLR)
- Decided
- 21 July 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEviction and DamagesPostureAppeal from a previous orderCoramA. Muma
Holding
The Tenant failed to prove his case on a balance of probability and the application is dismissed.
Facts
The Tenant, Ezekiel Ngochi Kamwara, rented business premises from the Landlord, John Mwaria. The Tenant alleged that the Landlord threatened eviction and disconnected electricity. The Landlord claimed the Tenant failed to meet rent obligations.
Issues
- Whether the Landlord ought to evict the Tenant from the premises?
- Whether the Tenant is entitled to damages?
Reasoning
The Landlord did not provide evidence of a notice of termination and the Tenant did not prove his claim for damages. The Landlord is at liberty to take back the premises.
Outcome
The application is dismissed.
Orders
- The Landlord is at liberty to take back vacant possession or break-in.
- OCS Marimanti Police Station to ensure compliance.
Authorities cited
Legislation (1)
- Landlord and Tenants (Hotels, Shops and Catering Establishments) Act Cap 301
Cases cited (2)
- Joseph Kipkorir Rono v Kenya Breweries Limited & Another Kericho HCCA No 45 of 2003
- Hahn v Singh, Civil Appeal No 42 of 1983 [185] KLR 716
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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