Kenyan case law
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Osoro v Musili & 2 others (Tribunal Case E222 of 2024) [2024] KEBPRT 1108 (KLR) (31 July 2024) (Ruling)
✦ The application is dismissed with costs, and the landlord is ordered to issue a proper notice to terminate tenancy in accordance with the law.
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Marega v Adundo (Tribunal Case 8 of 2020) [2024] KEBPRT 1106 (KLR) (31 July 2024) (Ruling)
✦ The landlord's reference and application dated 23rd January 2020 is allowed in the following terms: the tenant to pay all rent arrears due by 30th July 2024 totaling to KShs.307,000; the landlord to take vacant possession of the premises starting 5th August 2024; the OCS Bondo police station to assist in compliance with the orders; and costs in the cause.
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Morumbwa v Wambura (Tribunal Case E157 of 2023) [2024] KEBPRT 1111 (KLR) (30 July 2024) (Ruling)
✦ The Notice of termination dated 21st June 2023 is vacated, and the Landlord is ordered to issue a fresh Notice of termination as prescribed in the Act and in compliance with the Tenancy Agreement.
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Musonye v Enanga (Tribunal Case E100 of 2024) [2024] KEBPRT 1336 (KLR) (29 July 2024) (Ruling)
✦ Tenant is granted quiet possession and rent compensation for the lock-up period
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Real Care Limited v Homeplus Realtors Limited & another (Tribunal Case E209 of 2024) [2024] KEBPRT 1873 (KLR) (26 July 2024) (Ruling)
✦ The Tribunal's jurisdiction is challenged and upheld by the Respondents, leading to the striking out of the Tenant's complaint and application.
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Gituma & another v Magiri (Tribunal Case E012 of 2024) [2024] KEBPRT 1099 (KLR) (26 July 2024) (Ruling)
✦ The application is allowed with no orders as to costs, and the parties are to file and exchange witness statements and documents for the hearing.
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Realcare Limited v Homeplus Realtors Limited & another (Tribunal Case E209 of 2024) [2024] KEBPRT 1133 (KLR) (26 July 2024) (Ruling)
✦ The Tribunal's jurisdiction is upheld, and the Tenant's complaint and application are struck out.
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Onyango t/a Jesus is Lord Hotel v Juma (Tribunal Case E051 of 2024) [2024] KEBPRT 1070 (KLR) (24 July 2024) (Ruling)
✦ The Tenant has established a prima facie case and is deserving of the injunctive relief sought in prayers (c) of her Application.
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Njoroge & 14 others (T/A Geoan Investments) v Raphael Muendo Kathuku t/a Keystone Services; Isaac Musila Mutiso t/a Silverline Auctioneers (Auctioneer); Musili & 2 others (Landlord) (Tribunal Case 1085 of 2019) [2024] KEBPRT 1071 (KLR) (24 July 2024) (Ruling)
✦ The suit is dismissed for want of prosecution, and the interim orders are discharged. The landlord is awarded costs.
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Master Sound and Electronics Limited v Karrim Bhanji & Julius Marita t/a Etipo Agencies & another (Tribunal Case E145 of 2024) [2024] KEBPRT 1052 (KLR) (24 July 2024) (Ruling)
✦ The Tribunal finds that the Applicant has not demonstrated a Landlord-Tenant relationship with the 1st Respondent and therefore has no jurisdiction to hear the dispute.
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Muroki v Muchiri (Tribunal Case E079 of 2023) [2024] KEBPRT 1051 (KLR) (24 July 2024) (Ruling)
✦ The Tenant's application is allowed, and the matter proceeds for hearing.
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Nyongo v Waweru (Tribunal Case E817 of 2023) [2024] KEBPRT 1069 (KLR) (24 July 2024) (Ruling)
✦ The tenant's preliminary objection is dismissed, and the matter is closed.
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Mzee v Naku Modern Feeds Ltd & another (Tribunal Case E176 of 2023) [2024] KEBPRT 1101 (KLR) (19 July 2024) (Ruling)
✦ The tenant's application is allowed, and they are allowed to remain in the demised premises pending the hearing. The parties are required to file and exchange documents and pay uncontested rent arrears within specified timeframes.
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Wachi v Njiri (Tribunal Case E181 of 2023) [2024] KEBPRT 991 (KLR) (19 July 2024) (Ruling)
✦ The landlord's reference and motion for rent arrears are allowed, but the landlord cannot seek vacant possession without proper notice to terminate tenancy. The tenant is ordered to settle Kshs 45,800 within 30 days, provide security, and pay Kshs 30,000 in costs.
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Mohamed v Eylaf real Estate Developers Limited (Tribunal Case E138 of 2023) [2024] KEBPRT 1156 (KLR) (19 July 2024) (Ruling)
✦ The Tribunal has jurisdiction to hear the matter and the Landlord is entitled to the Orders sought.
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Jowi v Muthoni (Tribunal Case E081 of 2023) [2024] KEBPRT 992 (KLR) (19 July 2024) (Judgment)
✦ The costs of the Reference are awarded to the landlady
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Koinange v Chege & another (Tribunal Case E935 of 2023) [2024] KEBPRT 931 (KLR) (19 July 2024) (Judgment)
✦ Tenant is not entitled to the reliefs sought and landlord's notice to terminate tenancy is valid. Tenant is directed to vacate premises within 30 days or be evicted by licensed auctioneer. Tenant meets costs of the suit.
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Arvees Fashions Limited v Kuria Holdings Limited (Tribunal Case 502 of 2019) [2024] KEBPRT 1006 (KLR) (18 July 2024) (Judgment)
✦ The landlord's termination notice was upheld, and the tenant's references were dismissed. The landlord's application for interim measures was granted.
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Ideal Locations Limited v Mutavvej (Tribunal Case E152 of 2023) [2024] KEBPRT 1114 (KLR) (17 July 2024) (Judgment)
✦ The court upholds the landlord's notice of termination and dismisses the tenant's reference.
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Veronica Gachoki t/a Mive Laundrymart v Silver Dash Limited (Tribunal Case E1082 of 2023) [2024] KEBPRT 932 (KLR) (16 July 2024) (Ruling)
✦ The tenant's application is struck out with costs for lack of jurisdiction.
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Hand In Hand Eastern Africa v Scenic Link Investements Litimed & another (Tribunal Case E412 of 2024) [2024] KEBPRT 1115 (KLR) (16 July 2024) (Ruling)
✦ The court finds the Tenant’s application merited and orders the landlord to re-open the Tenant’s offices and refrain from interfering with the Tenant's quiet possession of the demised premises.
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On House Of Worship Wtcdieki t/a House of Worship WTC v Nyumba Link Limited & another (Tribunal Case E233 of 2024) [2024] KEBPRT 1113 (KLR) (16 July 2024) (Ruling)
✦ The application and reference are dismissed. The landlord's notice of termination is declared unlawful. The landlord is allowed to levy distress in recovery of the rents in arrears. The Tenant is ordered to pay costs to the landlord.
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Advent Medicare and Maternity Centre v Nyakundi & another (Tribunal Case E023 of 2024) [2024] KEBPRT 1188 (KLR) (15 July 2024) (Ruling)
✦ The application is allowed in terms of prayer 2 thereof pending hearing.
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Joseph Irungu t/a Velmac Furnitures v Maina Githinji t/a Innovative Woodcuts & another (Tribunal Case E225 of 2024) [2024] KEBPRT 1005 (KLR) (12 July 2024) (Ruling)
✦ The notice of preliminary objection dated 14th March 2024 is upheld, and the Tenants suit is accordingly struck out.
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Hassan v Nur (Tribunal Case E074 of 2024) [2024] KEBPRT 929 (KLR) (12 July 2024) (Ruling)
✦ Notice of preliminary objection dismissed