X-Press Systems and Services Limited v Kifaru Enterprises Limited (Tribunal Case E167 of 2023) [2023] KEBPRT 459 (KLR) (2 August 2023) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 459
- Citation
- [2023] KEBPRT 459 (KLR)
- Decided
- 2 August 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeTribunal CasePostureTenant's Application Allowed with Specific OrdersCoramA. Muma
Holding
The tenant's application is allowed with specific orders regarding rent payment, vacating the premises, and a joint measurement of the lettable area.
Facts
The tenant sought to restrain the landlord from attaching, carrying, or selling their goods due to a Proclamation Notice, and requested a joint measurement of the lettable space.
Issues
- Whether the rent payable should be re-assessed based on the lettable space
- Whether this affects the arrears payable if any
Reasoning
The tenant's application was allowed due to the disagreements over the lettable space and the need for a joint measurement.
Outcome
The tenant's application is allowed.
Orders
- Tenant pays rent for July and August at 6060 sq feet
- Tenant vacates on or before August 30, 2023 or upon payment of 2 months rent
- Joint measurement of lettable area within 21 days
- Additional documents to be filed within 7 days
- Proceed to full hearing on determination of arrears if any
Remedies
- Payment of rent
- Vacation of premises
- Joint measurement of lettable area
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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