Nyairo v Ndegwa (Tribunal Case E287 of 2023) [2024] KEBPRT 693 (KLR) (19 April 2024) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 693
- Citation
- [2024] KEBPRT 693 (KLR)
- Decided
- 19 April 2024
The Landlady is ordered to refrain from evicting the Tenant and the Tenant is ordered to pay outstanding rent within 30 days. The Tenant's claim for damages on spoiled milk is dismissed.
Facts
The Tenant applied for an injunction to prevent the Landlady from interfering with his quiet enjoyment of the business premises and for immediate access to the suit premises. The Tenant claimed the Landlady returned his rent payment and locked the premises with his perishable milk. The Landlady denied paying rent and claimed the Tenant was a habitual rent defaulter.
Issues
- Whether the Tenant is entitled to an injunction and damages
Reasoning
The Landlady violated the Tenant's equitable rights by locking the premises with his milk and not giving proper notice. The Tenant is in arrears but the Landlady's calculation of the shop deposit is unclear.
Outcome
The Landlady is ordered to refrain from evicting the Tenant and the Tenant is ordered to pay outstanding rent.
Orders
- Injunction against eviction
- Order for payment of outstanding rent
- Dismissal of damages claim
Remedies
- Injunction
- Payment of rent
- Damages
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