Kimotho v Njoki (Tribunal Case E042 of 2024) [2024] KEBPRT 871 (KLR) (1 July 2024) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 871
- Citation
- [2024] KEBPRT 871 (KLR)
- Decided
- 1 July 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeTribunal CasePostureApplication to set aside ex-parte ordersCoramHON A. MUMA - MEMBER
Holding
The Tenant's application to set aside the orders is dismissed.
Facts
The Landlord sought orders to access the suit premises, levy distress, and waive a filing fee. The Tenant opposed these orders and sought to set them aside.
Issues
- Whether the Tribunal should set aside and/or vacate the orders issued on 29th February, 2024
Reasoning
The Tribunal found that the Tenant owed rent and was in arrears, and the orders were valid. The Tenant's inconsistent payment history and failure to appear at the hearing led to the dismissal of the application.
Outcome
The Tenant's application is dismissed.
Orders
- Tenant's Application dated 4th April 2024 is dismissed.
- Landlord's Reference and application dated 19/12/2023 stays allowed with costs at Ksh. 10,000/-
Authorities cited
Legislation (2)
- Landlord and Tenant Shops, Hotels and Catering Establishments Act, Cap 301 Laws of Kenya
- Civil Procedure Rules, 2010
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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