Ouma v Kamwaro & another (Tribunal Case E327 of 2023) [2023] KEBPRT 656 (KLR) (Civ) (6 October 2023) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 656
- Citation
- [2023] KEBPRT 656 (KLR)
- Decided
- 6 October 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeBusiness Premises Rent DisputePostureTenant's complaint dismissed, landlord's application allowed with costsCoramHON. GAKUHI CHEGE, HON. JOYCE OSODO
Holding
Tenant's complaint dismissed with costs, landlord's application allowed with costs
Facts
Tenant claims landlord verbally demanded eviction without notice, landlord denies and claims tenant owes rent. Tenant paid some arrears but not all claimed.
Issues
- Whether tenant is entitled to injunction
- Whether landlord is entitled to relief for rent arrears
- Who is liable to pay costs
Reasoning
Tenant failed to demonstrate payment of rent arrears and lacked clean hands, landlord demonstrated arrears and is entitled to distress. Tenant is liable for costs.
Outcome
Tenant's complaint dismissed, landlord's application allowed with costs
Orders
- Tenant's complaint dismissed with costs
- Landlord's application allowed with costs
- Respondents' costs assessed at Kshs.25,000/- against the Tenant
Remedies
- Distress for rent
- Vacant possession
Authorities cited
Legislation (2)
- Cap. 301, Laws of Kenya
- Cap. 293, Laws of Kenya
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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