Omunda v Metobwa (Tribunal Case E007 of 2025) [2025] KEBPRT 299 (KLR) (Civ) (22 May 2025) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 299
- Citation
- [2025] KEBPRT 299 (KLR)
- Decided
- 22 May 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureTenant's reference and application allowedCoramHON. NDEGWA WAHOME, HON. JOYCE MURIGI
Holding
The reference and application are allowed, and the Tenant is granted complete quiet possession of the demised premises. The landlord must return all items taken and pay arrears with immediate effect.
Facts
The Tenant claims the landlord locked the door to his premises and took some of his properties, and seeks an injunction and return of items. The landlord denies these claims and asserts the Tenant delayed rent payments.
Issues
- Whether the landlord has locked the door to the premises
- Whether the landlord took the Tenant's properties
- Whether the landlord has issued a termination notice
- Whether the landlord should be restrained from harassing, interfering, or evicting the Tenant
Reasoning
The controlled tenancy exists, and the landlord has not issued a termination notice. The Tenant's rent payments are in order, and the landlord must return the items and pay arrears.
Outcome
Tenant's reference and application allowed
Orders
- Tenant granted complete quiet possession of the demised premises
- Landlord must return all items taken
- Tenant to pay all arrears with immediate effect
- OCS Kisii Police Station to ensure compliance
Remedies
- Quiet possession of the demised premises
- Return of items taken
- Payment of arrears
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.
Loading judgment…