Mwangi v Oluoch & another (Tribunal Case 69 of 2021) [2023] KEBPRT 598 (KLR) (Civ) (1 September 2023) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 598
- Citation
- [2023] KEBPRT 598 (KLR)
- Decided
- 1 September 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a previous ruling on a tenant's damages claimCoramHON A. MUMA
Holding
The tenant's claim for damages is not adequately proven and is hereby dismissed.
Facts
The tenant, Moses Oluoch, filed an amended notice of motion seeking damages for loss of tenancy after the landlord, Richard Mwangi, issued a notice to terminate the lease. The tenant appealed the eviction order, arguing there was no tenancy relationship.
Issues
- Whether the tenant should be paid damages as pleaded
Reasoning
The Tribunal found that the tenant failed to specify the type of damages claimed and provide documentary evidence to prove the loss. The Court of Appeal's decision on specific damages must be proven with a degree of certainty and particularity.
Outcome
The tenant's claim for damages is dismissed.
Orders
- Tenant's reference is marked as settled.
- Each party to bear its own costs.
Authorities cited
Legislation (2)
- Shops, Hotels and Catering Establishments Act Chapter 301 Laws of Kenya Act
- Landlord and Tenant Act
Cases cited (3)
- Robert Ayieko Angoi v Lena Sarange [2021] eKLR
- Antique Auctions Ltd v Pan African Auctions Ltd [1993] eKLR
- Richard Okuku Oloo vs South Nyanza Sugar Co. Ltd [2013] 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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