Wanjiku v Maina t/a Mwanzo Properties & Management (Tribunal Case E159 of 2023) [2023] KERRT 1187 (KLR) (Civ) (14 April 2023) (Judgment)
- Court
- KERRT
- Case number
- 1187
- Citation
- [2023] KERRT 1187 (KLR)
- Decided
- 14 April 2023
Summary at a glance
TypeRent RestrictionPostureAppeal from a decision of the Rent Restriction TribunalCoramHILLARY K. KORIR - CHAIRMAN
The defendant's position is upheld and the plaintiff's case is dismissed with no orders.
Facts
The plaintiff, Susan Wanjiku, claimed refund of Kshs 15,000/- rent deposit and an extra amount of Kshs. 14,000/- rent for December 2022, alleging she was evicted in the first week of December while admitted in hospital. The defendant, Janepher Maina, denied evicting the tenant and claimed the premises required some repairs to be offset from the deposit.
Issues
- Whether the plaintiff's case for refund of rent deposit and extra rent was proven
- Whether the defendant's claim for repairs to be offset from the deposit was valid
Reasoning
The Tribunal finds the plaintiff failed to prove her case to the required standards in law, as there was no inspection report to contradict the defendant's claim of necessary repairs.
Outcome
Dismissal of the plaintiff's case with no orders
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