Analytopedia Group Limited v Kedong Ranch Limited (Tribunal Case E294 of 2024) [2024] KEBPRT 996 (KLR) (27 June 2024) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 996
- Citation
- [2024] KEBPRT 996 (KLR)
- Decided
- 27 June 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeTemporary InjunctionPostureTenant's Application for Temporary Injunction Against LandlordCoramHON. PATRICIA MAY
Holding
The Tribunal finds the tenant's application merited and grants the temporary injunction.
Facts
The tenant, Analytopedia Group Limited, sought a temporary injunction against the landlord, Kedong Ranch Limited, alleging that the landlord had unilaterally varied the terms of tenancy and instructed an auctioneer to levy distress for the recovery of a deposit. The tenant claimed they had paid all rent due and were not in arrears.
Issues
- Whether the landlord's actions were in violation of mandatory provisions of CAP 301
- Whether the tenant would suffer irreparable harm if the injunction was not granted
Reasoning
The Tribunal granted the injunction based on the tenant's prima facie case of not being in arrears and the landlord's failure to provide conclusive findings of fact.
Outcome
The tenant's application is allowed.
Orders
- The parties to fix the reference for hearing on priority basis
Remedies
- Temporary injunction
Authorities cited
Legislation (1)
- CAP 301
Cases cited (3)
- Giella v Cassman Brown & Co. Ltd
- Airland Tours & Travel Limited vs. National Industrial Credit Bank Nairobi
- Halsbury's Laws of England, 3rd Edition Volume 21, Paragraph 739
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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