Njeru v Gichunge (Tribunal Case E036 of 2023) [2023] KEBPRT 691 (KLR) (1 December 2023) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 691
- Citation
- [2023] KEBPRT 691 (KLR)
- Decided
- 1 December 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeTribunal CasePostureTenant's Application dismissedCoramP. Kitur
Holding
The Tenant's Application is dismissed. The Tenant is ordered to clear arrears of Kshs. 100,000 as at August 2023 by December 31, 2023, or the Landlord may distress for rent.
Facts
The Tenant avers that the Landlord locked the business premises with trading goods inside on June 5, 2023, halting the business. The Tenant claims to have paid rent dutifully, but the Landlord states the Tenant has not paid rent for May and August 2023.
Issues
- Whether the Tenant/Applicant is entitled to the orders sought.
Reasoning
The Tenant failed to prove payment of rent and the Landlord's claim was not refuted. The Tenant's claim for loss when the premises were closed was not proven.
Outcome
Tenant's Application dismissed
Orders
- Tenant to clear arrears of Kshs. 100,000 by December 31, 2023
- Landlord to distress for rent if arrears not cleared
- Mention on 15th January 2024 for directions on Complaint and pending Application
- Each party to bear their own costs
Remedies
- Clearing arrears of Kshs. 100,000 by December 31, 2023
- Distress for rent if arrears not cleared
Authorities cited
Legislation (2)
- Evidence Act
- Landlords and Tenants (Shops, Hotels and Catering) Establishments Act Cap 301
Cases cited (1)
- Muriungi Kanoru Jeremiah vs Stephen Ungu M’mwarabua [2015] 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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