Omonya v Mandala (Tribunal Case E170 of 2024) [2025] KEBPRT 254 (KLR) (Civ) (28 April 2025) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 254
- Citation
- [2025] KEBPRT 254 (KLR)
- Decided
- 28 April 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLandlord and Tenant DisputePostureTenant's application for interim restraining order and orders to open premises, landlord's application to set aside interim ordersCoramP. Kitur
Holding
Tribunal has jurisdiction, tenant's application is meritorious, landlord's application is dismissed
Facts
Tenant alleges unlawful eviction without prior notice, landlord claims tenant vacated voluntarily with arrears and a new tenant took possession.
Issues
- whether the tribunal has jurisdiction
- whether the tenant's application is meritorious
- whether the landlord's application warrants relief
Reasoning
Tenant's claim of unlawful eviction without prior notice is supported by credible evidence, landlord's actions obstructed access and enforcement of interim orders.
Outcome
Tenant awarded compensation for unlawful eviction and loss of business, landlord ordered to bear costs and comply with interim orders
Orders
- Landlord found to have unlawfully evicted tenant
- Tenant awarded compensation
- Landlord ordered to bear costs
- OCS Bungoma Police Station to ensure compliance
- File marked as closed
Remedies
- Compensation for unlawful eviction
- Costs awarded to tenant
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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