Simu t/a Jacton Stores v Musyimi & 2 others (Tribunal Case E1280 of 2023) [2024] KEBPRT 527 (KLR) (19 April 2024) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 527
- Citation
- [2024] KEBPRT 527 (KLR)
- Decided
- 19 April 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeTribunal CasePostureTenant's application for contempt of court and damages against landlordCoramHON. JOYCE AKINYI OSODO, HON GAKUHI CHEGE
Holding
The tenant is entitled to the orders sought in the application and the costs are awarded to the tenant.
Facts
The tenant sought orders for the landlord to release distrained goods and pay damages due to storage issues, while the landlord opposed the application.
Issues
- Whether the tenant is entitled to the orders sought in the application
- Who shall bear the costs of the application
Reasoning
The tribunal found the landlord in contempt of court orders and ordered the landlord to be committed to civil jail and pay damages.
Outcome
The application is allowed, and a warrant of arrest is issued against the landlord.
Orders
- Warrant of arrest issued against the landlord
- Costs awarded to the tenant
Remedies
- Commitment to civil jail for contempt of court orders
- Damages awarded to the tenant
Authorities cited
Legislation (1)
- Cap. 301, Laws of Kenya (Costs of any suit before this tribunal)
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.
Loading judgment…