Mutana v Mutungi & 2 others (Tribunal Case E187 of 2024) [2024] KEBPRT 1868 (KLR) (18 December 2024) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 1868
- Citation
- [2024] KEBPRT 1868 (KLR)
- Decided
- 18 December 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeTribunal CasePostureAppeal from a final orderCoramP. Kitur
Holding
The applicant is not entitled to the reliefs sought and the applicant and the landlord shall bear their own costs.
Facts
The applicant, Mutana, is a tenant of the respondents, Mutungi and Nairobi Homes, on the suit premises. The applicant sought temporary prohibitory orders to prevent eviction and interference with their tenancy. The respondents claimed to have acted to recover rent arrears.
Issues
- Whether the applicant is entitled to the reliefs sought?
- Who shall bear the costs of the suit?
Reasoning
The applicant failed to demonstrate a prima facie case with a probability of success due to persistent rent arrears. The respondents' distress action was justified to recover rent arrears.
Outcome
The applicant's application is dismissed.
Orders
- The tenant shall clear the arrears of Kshs 24,600/= by 31st December 2024.
- Tenant to continue paying rent as and when it falls due.
- Landlord to grant quiet possession of the premises to the tenant.
- OCS Mtwapa Police Station to ensure compliance.
- Each party shall bear their own costs.
Authorities cited
Cases cited (2)
- Giella v Cassman Brown & Co Ltd (1973) E.A 358
- Samuel Kipkori Ngeno & another v Local Authorities Pension Trust (Registered Trustees) & 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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