Mbugua v Kangari t/a Muhu Holdings & 2 others (Tribunal Case E869 of 2023) [2024] KEBPRT 185 (KLR) (Commercial & Admiralty) (28 February 2024) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 185
- Citation
- [2024] KEBPRT 185 (KLR)
- Decided
- 28 February 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeBusiness Premises Rent TribunalPostureTenant's application allowed in part, landlord's application allowed in partCoramHON. CYPRIAN MUGAMBI -CHAIRPERSON
Holding
Tenant's application for waiver of arrears for locked premises is denied. Tenant's application for payment of rent arrears in installments is denied.
Facts
Tenant filed an application seeking to pay rent arrears in installments and for the waiver of arrears due to locked premises. Tenant lost perishable goods due to lock. Tenant did not approach the Tribunal in time.
Issues
- Waiver of arrears for locked premises
- Payment of rent arrears in installments
Reasoning
Tenant's delay in approaching the Tribunal is not excused, and the landlord's lock was illegal. Tenant's complaint about eviction is allowed.
Outcome
Tenant's application allowed in part, landlord's application allowed in part
Orders
- Landlord to re-open suit premises if not already done
- Prohibition on illegal eviction of tenant
Remedies
- Tenant to have costs of application and complaint
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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