Njoroge v Pwani Shopping Centre Limited (Tribunal Case E027 of 2022) [2024] KEBPRT 792 (KLR) (Civ) (21 May 2024) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 792
- Citation
- [2024] KEBPRT 792 (KLR)
- Decided
- 21 May 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureTenant/Applicant seeks restraining/injunctive orders against Landlord/RespondentCoramN WAHOME, JOYCE MURIGI
Holding
Tenant/Applicant is deserving of restraining/injunctive orders
Facts
Tenant/Applicant claims Landlord/Respondent failed to maintain a rent book and failed to provide rent accounts. Tenant/Applicant alleges Landlord/Respondent threatened to levy distress over disputed rent arrears.
Issues
- Whether the Tenant is deserving of restraining/injunctive orders
- Whether the Landlord was entitled to levy distress
- Who should bear the costs of the suit
Reasoning
Tenant/Applicant provided evidence that rent payments were made but not reflected in Landlord/Respondent's account, leading to arrears of Kshs. 35,000/=. The Landlord/Respondent failed to maintain a rent book and provide rent accounts.
Outcome
Tenant/Applicant's application for restraining/injunctive orders is granted
Orders
- Prohibiting the Landlord from evicting the Tenant, distressing for rent, and ordering the Landlord to give accounts of rents paid and due
Remedies
- Restraining/injunctive orders
Authorities cited
Legislation (1)
- Landlord and Tenant (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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