Njoroge v Mwangi (Tribunal Case E007 of 2024) [2024] KEBPRT 852 (KLR) (14 May 2024) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 852
- Citation
- [2024] KEBPRT 852 (KLR)
- Decided
- 14 May 2024
The tenant/applicant is entitled to the orders sought for protection against any illegal eviction and or interference by the landlord/ respondent.
Facts
The tenant/applicant, Syrus Kihumba Njoroge, filed an application on January 12, 2024, alleging that the landlord/ respondent, Leah Nyambura Mwangi, issued an illegal verbal notice to vacate the suit premises without valid reason and locked the washrooms. The tenant sought orders for protection against illegal eviction, reopening of the washrooms, and restraint from illegal rent increases.
Issues
- Whether the tenant is entitled to the orders sought in the application dated 12th January, 2024.
- Who shall bear the costs of the application.
Reasoning
The court found that there was no valid notice to terminate tenancy and that the tenant/applicant is entitled to the orders sought for protection against any illegal eviction and or interference by the landlord/ respondent.
Outcome
The application is allowed as prayed.
Orders
- The application dated 12th January 2024 is hereby allowed as prayed.
- The reference dated 12th January 2024 is settled in terms.
- The tenant shall continue to pay the landlord the monthly rent of KES. 15,000 as and when it falls due including any rent arrears.
- Costs of KES. 25,000 to the tenant/applicant to be oset against the rent account.
Remedies
- Protection against illegal eviction and interference by the landlord/ respondent.
- Reopening of the locked washrooms to allow the applicant access.
Authorities cited
Legislation (1)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act Cap 301
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