Ominde v Ngamau & 2 others (Tribunal Case E1144 of 2022) [2023] KEBPRT 623 (KLR) (15 September 2023) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 623
- Citation
- [2023] KEBPRT 623 (KLR)
- Decided
- 15 September 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeTribunal CasePostureTenant's application for restraining orders against landlord, landlord's application to set aside restraining orders, tenant's application for return of goods and moniesCoramA. Muma
Holding
Tenant's application for partial relief granted, including payment of arrears in installments and continued rent payments
Facts
Tenant rented space from landlord and filed applications for restraining orders and return of goods. Landlord filed an application to set aside restraining orders and a separate application for return of goods.
Issues
- Whether the tenant should pay arrears by instalments?
- Whether the landlord should return the tenant's goods and monies illegally distressed
Reasoning
Tenant's applications were partially allowed due to non-compliance with previous orders.
Outcome
Tenant's application partially allowed
Orders
- Tenant to pay Kshs. 175,000 in 10 months in monthly installments
- Tenant to continue paying rent as and when due
- Failure to adhere to orders allows landlord to distress for rent
Remedies
- Tenant to pay arrears in installments
- Tenant to continue paying rent as and when due
Authorities cited
Legislation (1)
- Landlords and Tenants (Shops, Hotels and Catering) Establishments Act cap 301
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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