Namu & another v Kiura (Tribunal Case E052 of 2023) [2024] KEBPRT 405 (KLR) (14 February 2024) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 405
- Citation
- [2024] KEBPRT 405 (KLR)
- Decided
- 14 February 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeBusiness Premises Rent TribunalPostureApplication for possession and costsCoramCN MUGAMBI
Holding
Landlords allowed to break into the suit premises for the purpose of levying distress for the rent arrears, with the landlord's costs and the applicants' costs.
Facts
The tenant left the premises in June 2023 and is in rent arrears of Kshs. 25,000/=.
Issues
- Tenant's non-payment of rent
- Tenancy termination
Reasoning
The landlord's application was not opposed, but the court noted that the landlord actually wanted to terminate the tenancy. The court found the tenant in arrears and required the landlord to serve a notice to terminate the tenancy before granting possession.
Outcome
Landlords' application granted for distress for rent arrears, with costs to the landlord and applicants.
Orders
- Landlords allowed to break into the suit premises for the purpose of levying distress for the rent arrears
Remedies
- Costs to the landlord and applicants
Authorities cited
Legislation (1)
- Section 4(2) of Cap 301 of the Laws of Kenya
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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