Ushindi Feeds Limited v Kenya Farmers Association Limited (Tribunal Case E128 of 2023) [2024] KEBPRT 683 (KLR) (26 March 2024) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 683
- Citation
- [2024] KEBPRT 683 (KLR)
- Decided
- 26 March 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeTribunal CasePostureApplication for Injunction and Payment of RentCoramCN MUGAMBI
Holding
Tenant's Application is dismissed with costs to the landlord. Tenant's complaint about the threat of eviction will go to trial.
Facts
Ushindi Feeds Limited (Tenant) owed Kenya Farmers Association Limited (Landlord) Kshs. 610,684/= in rent arrears as of July 2023. The Tenant sought an injunction to continue paying rent as usual or through the Tribunal offices, and to be allowed to pay the arrears in monthly installments.
Issues
- Tenant's entitlement to the injunction sought
- Tenant's proposal to liquidate the rent arrears in monthly installments
Reasoning
Tenant is in default of rent and cannot benefit from equitable relief. Tenant's proposal to pay arrears in installments is unreasonable and not part of the Application.
Outcome
Application dismissed
Authorities cited
Cases cited (1)
- Kyavango vs Kenya Commercial Bank & Another
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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