Kenyatta & another v Mosongo (Tribunal Case E076 of 2023) [2024] KEBPRT 1333 (KLR) (7 August 2024) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 1333
- Citation
- [2024] KEBPRT 1333 (KLR)
- Decided
- 7 August 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLandlord and Tenant DisputePostureAppeal from a previous decisionCoramHON. NDEGWA WAHOME, HON. JOYCE MURIGI
Holding
The reference and application are dismissed as lacking merit. The landlord is granted leave to levy distress for rent arrears and mesne profits. The tenancy is terminated effective December 31, 2021, and the tenant must vacate the premises by August 31, 2024.
Facts
The tenant filed proceedings alleging the landlord had unfairly closed his business premises and demanded rent. The landlord sought to prevent the tenant from removing items and to levy distress for rent arrears.
Issues
- Whether the landlord had a lawful justification to close the premises
- Who should bear the costs of the proceedings
Reasoning
The court found the landlord's actions were unjustified and that the tenant should bear the costs of the proceedings.
Outcome
The reference and application are dismissed, and the tenancy is terminated.
Orders
- The reference and application are dismissed
- The landlord is granted leave to levy distress for rent arrears and mesne profits
- The tenancy is terminated effective December 31, 2021
- The tenant must vacate the premises by August 31, 2024
- Each party bears their own costs
Remedies
- Levy distress for rent arrears and mesne profits
- Termination of tenancy
Authorities cited
Legislation (1)
- Landlord and Tenant (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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