Misiko v Dzillah (Tribunal Case E316 of 2023) [2024] KEBPRT 685 (KLR) (22 April 2024) (Ruling)

Facts

The Applicant, Bonface Misiko, claims to be a tenant of the Respondent, Wilson Dzillah, and seeks intervention to access the demised premises, restore water and electricity, and compensation for unlawful locking up. He alleges that he paid rent and a deposit, and bought goodwill on the premises, but the Respondent locked up the premises after a brief operation of the business.

Issues

1. Whether there exists a Tenant/Landlord relationship between the parties.
2. Whether the Applicants application is merited.
3. Who should bear the costs of this Application.

Reasoning

The court is persuaded that the Applicant indeed paid rent and a deposit, and bought goodwill on the premises, and that the Respondent locked up the premises after a brief operation of the business. The court finds that the Applicant’s application is merited.

Outcome

The court grants the application.