Njoki v Chege & another (Tribunal Case E1190 of 2023) [2024] KEBPRT 598 (KLR) (12 April 2024) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 598
- Citation
- [2024] KEBPRT 598 (KLR)
- Decided
- 12 April 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLandlord and Tenant DisputePostureAppeal from a previous rulingCoramHON. NDEGWA WAHOME MBS
Holding
The application by the landlord is allowed in terms of prayer no. 2.
Facts
The tenant, Caren Njoki, alleged that the landlord, Francis Chege, locked her up, disconnected water and electricity, and issued her with an illegal termination notice.
Issues
- Tenant's right to quiet occupation
- Restoration of tenant's unit
- Declaration on the legality of the termination notice
- Rent payment for locked unit
- Enforcement of court orders
Reasoning
The court found that the landlord's actions violated the tenant's rights and ordered restoration of the tenant's unit and declared the termination notice illegal.
Outcome
The landlord's application is allowed.
Orders
- The landlord is ordered to restore the tenant's unit
- A declaration that the termination notice was illegal
- The tenant does not have to pay rent for the locked unit
- The parties are to comply with Order 11 of the Civil Procedure Rule within 30 days and exchange documents
Remedies
- Restoration of tenant's unit
- Declaration on the legality of the termination notice
- Waiver of rent for the locked unit
Authorities cited
Legislation (1)
- Landlord and Tenants (Shops, Hotels and Catering establishments Act) Cap 301
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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