Onsomu v Gatati (Tribunal Case E096 of 2024) [2024] KEBPRT 531 (KLR) (3 May 2024) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 531
- Citation
- [2024] KEBPRT 531 (KLR)
- Decided
- 3 May 2024
The Tenant's Application succeeds in re-opening the Tenant's Business Premises, returning seized items, and exempting the Tenant from paying rent from 9th January 2024.
Facts
The Tenant filed a Complaint and Notice of Motion Application alleging that the Landlord unlawfully sent people to the premises to break in and carry away some of his tools of trade. The Tenant also claimed the Landlord failed to comply with the Landlords and Tenant (Shops, Hotels, Catering Establishments) Act, Cap 301 in levying the distress for rent.
Issues
- Whether the Tribunal has jurisdiction to determine this matter.
- Whether the Tenant has been unlawfully rid of the business premise and therefore entitled to the reliefs sought.
Reasoning
The Tribunal has jurisdiction as the Landlord failed to comply with the Landlords and Tenant (Shops, Hotels, Catering Establishments) Act, Cap 301, and the Tenant was unlawfully evicted.
Outcome
Tenant's Application granted
Orders
- Re-opening of Tenant's Business Premises
- Return of seized items
- Exemption from paying rent
- Compensation for loss of equipment
- Costs awarded to Tenant
Remedies
- Re-opening of premises
- Return of seized items
- Exemption from paying rent
- Compensation for loss of equipment
Authorities cited
Legislation (1)
- Landlords and Tenant (Shops, Hotels, Catering Establishments) Act, Cap 301
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