Njogu v Wanza (Tribunal Case E1375 of 2022) [2023] KERRT 1177 (KLR) (25 May 2023) (Judgment)
- Court
- KERRT
- Case number
- 1177
- Citation
- [2023] KERRT 1177 (KLR)
- Decided
- 25 May 2023
Summary at a glance
TypeRent Restriction DisputePostureAppeal from a previous decisionCoramHILLARY K KORIR
The tribunal ordered the tenant to give vacant possession with immediate effect and granted leave to the respondent to levy distress for rent, water, and electricity bills arrears.
Facts
The applicant, Annie Wanjiru Njogu, is a tenant occupying premises located in Kariobangi. The respondent, Agnes Wanza, is the landlady of the premises and has issued a notice to vacate the tenant. The tenant has been accused of being a rent defaulter and has accrued rent arrears.
Issues
- Whether the tenant should give vacant possession
- Whether the defense and counterclaim are merited
- Who should be awarded the costs of the suit
Reasoning
The tribunal found that the tenant had 9 months to vacate and that the property had been sold to a third party, making it fair and just for the tenant to vacate. The defense and counterclaim were found to be merited, and the respondent was awarded costs.
Outcome
The tenant was ordered to vacate the premises with immediate effect.
Orders
- Tenant to give vacant possession with immediate effect
- Leave granted to respondent to levy distress for rent, water, and electricity bills arrears
- Respondent awarded costs
Remedies
- Vacant possession
- Levy of distress for rent, water, and electricity bills
- Award of costs
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