Maina v Gatuguta & 2 others (Tribunal Case E437 of 2023) [2023] KEBPRT 640 (KLR) (27 September 2023) (Judgment)
- Court
- Business Premises Rent Tribunal
- Case number
- 640
- Citation
- [2023] KEBPRT 640 (KLR)
- Decided
- 27 September 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLandlord and Tenant DisputePostureTenant's Application for Restraining Order against LandlordCoramHON A. MUMA
Holding
The tenant's application is partially allowed, with the landlord required to enforce the arrears of Ksh 398,000 within 4 months in installments of Ksh 100,000 per month.
Facts
The landlord issued a termination notice to the tenant for non-payment of rent, demanding arrears of Ksh 703,700. The tenant filed a reference seeking to restrain the landlord from evicting them.
Issues
- Whether the Termination Notice issued by the Landlord and the Reasons Advanced are Valid?
- Whether the tenant is in arrears and if so how much?
Reasoning
The landlord's notice was valid, and the tenant was found in arrears. The tenant was ordered to pay the arrears and continue paying rent as agreed.
Outcome
The tenant's application is partially allowed.
Orders
- The tenant shall defray the arrears of Ksh 398,000 within 4 months in installments of Ksh 100,000 per month.
- The tenant shall keep paying rent at the agreed rate of Ksh 44,000 as and when it falls due.
- The landlord shall be at liberty to distress for rent and proceed to evict and break in without any further reference to this tribunal.
- OCS Kingero Police to Assist in Compliance.
Remedies
- Defraying arrears of Ksh 398,000 within 4 months in installments of Ksh 100,000 per month.
- Continuing to pay rent at the agreed rate of Ksh 44,000 as and when it falls 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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