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Bid v Mwangi (Tribunal Case E567 of 2024) [2024] KEBPRT 1863 (KLR) (6 November 2024) (Ruling)

[2024] KEBPRT 1863 (KLR) Business Premises Rent Tribunal
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Court
Business Premises Rent Tribunal
Case number
1863
Citation
[2024] KEBPRT 1863 (KLR)
Decided
6 November 2024
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeEvictionPostureLandlord's application for evictionCoramHON. PATRICIA MAY
Holding

The landlord is awarded Kshs 50,000 in costs and is ordered to serve the tenant with an updated statement of accounts within 3 days. The tenant is required to clear all outstanding rent arrears within 14 days or face recovery proceedings.

Facts

The tenant was in arrears of Kshs 1,000,500 and had locked the premises, refusing to yield vacant possession.

Issues

  1. Tenant's arrears and failure to pay rent
  2. Tenant's refusal to clear arrears

Reasoning

The failure to pay rent is a breach of the tenant's obligation, and the landlord has the right to income from the premises.

Outcome

Eviction granted

Orders

  • Serve tenant with updated statement of accounts
  • Tenant to clear arrears within 14 days
  • Award landlord Kshs 50,000 in costs

Remedies

  • Recovery proceedings including levying of distress

Authorities cited

Cases cited (1)
  • Samuel Kipkorir Ngeno & another v Local authorities Pension Trust (Registered Trustees) and another (2013) 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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