Onsongo v Mohamed & another (Tribunal Case E143 of 2024) [2024] KEBPRT 1616 (KLR) (12 November 2024) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 1616
- Citation
- [2024] KEBPRT 1616 (KLR)
- Decided
- 12 November 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeTribunal CasePostureTenant's Application to Certify Urgent, Grant Conservatory Orders, and Set Aside NoticeCoramHON. A MUMA - MEMBER
Holding
Tenant's application is dismissed, and the landlord is allowed to levy distress and take possession if the tenant does not pay KShs.132,000 by 30th November 2024.
Facts
Tenant moved the tribunal seeking urgent certification, conservatory orders, and setting aside the landlord's eviction notice. The landlord claimed the tenant was in arrears of KShs.132,000.
Issues
- Whether the Tenant should vacate the suit premises
Reasoning
The landlord issued an eviction notice due to arrears, but the tenant claims the notice is illegal and hindering his business. The court finds the notice valid and dismisses the application.
Outcome
Tenant's application dismissed
Orders
- Tenant to pay KShs.132,000 by 30th November 2024 or face eviction
- No orders as to costs
Remedies
- Levying distress and taking possession if tenant does not pay
Authorities cited
Legislation (1)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, Chapter 301 Laws of Kenya
Cases cited (1)
- Manaver N. Alibhai T/A Diani Boutique v South Coast Fitness & Sports Centre Limited, Civil Appeal No. 203 of 1994
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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