Winerack (Sailors) v New Realite Limited & 3 others (Tribunal Case 1001 of 2019) [2024] KEBPRT 558 (KLR) (3 May 2024) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 558
- Citation
- [2024] KEBPRT 558 (KLR)
- Decided
- 3 May 2024
AI Summary
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TypeTribunal CasePostureTenant's application for restraining orders and renewal of leaseCoramHON GAKUHI CHEGE, HON JOYCE OSODO
Holding
The tenant's application is allowed in terms of prayers 2, 3, and 4 pending hearing and determination of the reference on the merits.
Facts
The tenant, Winerack (Sailors), entered into a lease with the 2nd respondent, New Realite Limited, for premises known as L.R No. 209/378/10, Hurlingham Court. The tenant sought to renew the lease and prevent eviction, citing the landlord's refusal to renew and the impact of the Covid-19 pandemic on rent payments.
Issues
- Whether the reliefs sought in the tenant's application ought to be granted.
- Who is liable to pay costs.
Reasoning
The court found that the landlord's refusal to renew the lease was in bad faith and aimed at defeating justice. The tenant had not fully enjoyed the lease term due to the landlord's actions and the impact of the pandemic.
Outcome
The application is allowed.
Orders
- Pending hearing and determination of the reference on the merits.
- The parties are directed to comply with Order 11 of the Civil Procedure Rules, 2010 within 30 days.
- The matter shall be mentioned on June 3, 2024, to confirm compliance and fix a hearing date.
Remedies
- Restraining orders against the respondents from evicting and/or trespassing on the premises.
- Order directing the 1st respondent to renew the lease under the same terms and enforce the lease dated 26th February 2018.
Authorities cited
Legislation (1)
- Civil Procedure Rules, 2010
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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