Nyaata v Nyaoga t/a Monte Carlo Lounge (Tribunal Case E057 of 2024) [2025] KEBPRT 187 (KLR) (Civ) (26 February 2025) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 187
- Citation
- [2025] KEBPRT 187 (KLR)
- Decided
- 26 February 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureRespondent's application for injunction and arrears payment against the LandlordCoramHON P. KITUR
Holding
The tribunal finds that there was no mutual agreement to offset renovation costs against rent.
Facts
The Tenant and Landlord entered into a tenancy agreement dated October 6, 2020. The Landlord filed an application for a temporary injunction and arrears payment due to rent arrears of Kshs 1,390,000/-.
Issues
- Whether the Landlord is entitled to the reliefs sought.
- Whether there was a mutual agreement to offset renovation costs against rent
Reasoning
The Tenant failed to produce sufficient evidence to support the alleged agreement to offset renovation costs against rent. The Landlord's claim for rent arrears is upheld.
Outcome
The application is allowed with specific orders for payment of arrears, vacating the premises, and costs awarded to the Landlord.
Orders
- Injunction restraining the Tenant from removing items, subletting, selling, or disposing of the business premises.
- Payment of Kshs 1,390,000/- in arrears by 4th March 2025.
- Handover of vacant possession by 31st March 2025.
- Award of Kshs 40,000/- in costs to the Landlord.
Remedies
- Payment of rent arrears
- Injunction against subletting and selling
Authorities cited
Legislation (1)
- Evidence Act, Sections 107 and 108
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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