Kenyan case law
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Shangwira v Agweyu (Tribunal Case E049 of 2024) [2024] KEBPRT 773 (KLR) (23 May 2024) (Ruling)
✦ The notice is valid as it complies with the Landlord-Tenant Act, Section 4(2) and (4).
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Odhiambo v Ongiri & another (Tribunal Case E052 of 2024) [2024] KEBPRT 767 (KLR) (Civ) (23 May 2024) (Ruling)
✦ The Landlady’s termination notice is not valid as she failed to prove a genuine intention to demolish or reconstruct the premises.
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Fabian Investment Limited v Deveer Developers Limited (Tribunal Case E818 of 2023) [2024] KEBPRT 783 (KLR) (23 May 2024) (Ruling)
✦ The application is dismissed with costs to the landlord
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Kabuku Investment Limited v Kap Enterprises Limited (Tribunal Case 9 of 2017) [2024] KEBPRT 785 (KLR) (Civ) (23 May 2024) (Ruling)
✦ The Tribunal's order dismissing the Tenant's Reference is not subject to a stay of execution, and the only execution that can be carried out is on costs.
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Kigo & another v Mungai & 9 others (Tribunal Case E1121 of 2023) [2024] KEBPRT 786 (KLR) (22 May 2024) (Ruling)
✦ The 10th Respondent will give an account of all the rent she has received from the suit premises since February 2023 within the next fourteen (14) days. The Tenants will deposit their rent at the Tribunal pending the hearing and determination of this Reference.
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Ruto v Kimetto (Tribunal Case E259 of 2024) [2024] KEBPRT 825 (KLR) (22 May 2024) (Ruling)
✦ The Landlord's application is merited and allowed. The Tenant will bear the costs of the applications and complaint.
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Keya & another v Mwasia (Tribunal Case E145 of 2023) [2024] KEBPRT 879 (KLR) (22 May 2024) (Judgment)
✦ The court finds the notice of termination unlawful and dismisses it. The landlord is declared the lawful landlord, and the tenant is ordered to pay rent in arrears.
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Equip Agencies Limited v Ramis Properties Limited (Tribunal Case E296 of 2024) [2024] KEBPRT 664 (KLR) (21 May 2024) (Ruling)
✦ The Tribunal has jurisdiction over the matter.
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Mucheke v Mbugua & another (Tribunal Case E224 of 2023) [2024] KEBPRT 769 (KLR) (Civ) (21 May 2024) (Ruling)
✦ The tenant's application is allowed. The landlord is found to have unlawfully closed the premises and levied distress. The rent for December, 2023 is not payable and if already paid, it is to be credited to the tenant's rent account. Each party is to bear their own costs.
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Terazzos Limited v Zafarani Development Organization & another (Tribunal Case E408 of 2024) [2024] KEBPRT 665 (KLR) (21 May 2024) (Ruling)
✦ The Tenant's Reference and Application are hereby dismissed.
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Njeru v Mbocha (Tribunal Case E345 of 2024) [2024] KEBPRT 827 (KLR) (21 May 2024) (Ruling)
✦ The suit premises should be re-opened pending the hearing of the Reference. The Tenant is not in rent arrears for March 2024.
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Belcom Agencies Limited v Transline Classic Limited (Tribunal Case E009 of 2021) [2024] KEBPRT 590 (KLR) (Civ) (21 May 2024) (Ruling)
✦ An order of stay of execution is issued, and the tenant is granted leave to appeal within 14 days.
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Njoroge v Pwani Shopping Centre Limited (Tribunal Case E027 of 2022) [2024] KEBPRT 792 (KLR) (Civ) (21 May 2024) (Ruling)
✦ Tenant/Applicant is deserving of restraining/injunctive orders
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Makeup Training Institute Limited v Nekolly K. Limited (Tribunal Case E069 of 2024) [2024] KEBPRT 782 (KLR) (21 May 2024) (Ruling)
✦ The court determined that the Respondent's notice to terminate the tenancy is unlawful and of no legal effect. The notice to increase rent is legitimate and lawful. The Tenant is allowed quiet possession of the demised premises unless otherwise lawfully disturbed. The Reference dated January 19, 2024, is determined in the same terms with the Application of the same date.
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Oumarou v Leo Investments Limited (Tribunal Case E436 of 2024) [2024] KEBPRT 804 (KLR) (21 May 2024) (Ruling)
✦ The license/lease agreement dated 30.12.2023 was not executed by the Landlord and is therefore not enforceable.
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Vaal Bar and Grill Limited v Sutton Holdings Limited (Tribunal Case E009 of 2024) [2024] KEBPRT 789 (KLR) (Commercial and Tax) (20 May 2024) (Ruling)
✦ The relationship between the parties as envisaged under Section 2(1) of the Act terminated on 31.12.2023. The Applicant's Application dated 3.1.2024 is dismissed. The Tenant is given thirty (30) days to leave the demised premises or be evicted at its cost.
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Wambugu & another v Muchiri (Tribunal Case E152 of 2022) [2024] KEBPRT 663 (KLR) (20 May 2024) (Ruling)
✦ The Tenants' applications for review are hereby dismissed with costs to the landlord.
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Kamau v Malwenge & another (Tribunal Case E046 of 2024) [2024] KEBPRT 1154 (KLR) (17 May 2024) (Ruling)
✦ The Tenant’s application succeeds, restraining the Landlords from evicting the Tenant and awarding costs.
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Mbugua & another v Kariuki (Tribunal Case E782 of 2023) [2024] KEBPRT 1116 (KLR) (17 May 2024) (Ruling)
✦ The Tribunal has no jurisdiction to determine the matter.
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Janpath Holdings Limited v Ahmed (Tribunal Case E034 of 2024) [2024] KEBPRT 661 (KLR) (17 May 2024) (Ruling)
✦ Landlord's Reference and Application are upheld, Tenant's Notice of Preliminary Objection is dismissed, and the Landlord is allowed to proceed with eviction.
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Kiboi v Admnistrator of the Estate of the Late Joseph Njuguna Nganga & 3 others (Tribunal Case E892 of 2023) [2024] KEBPRT 587 (KLR) (16 May 2024) (Ruling)
✦ Application and reference dated 6/9/2023 are hereby dismissed with no orders as to costs.
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Red Apple Limited v Wanjohi & another (Tribunal Case 870 of 2018) [2024] KEBPRT 1897 (KLR) (Civ) (15 May 2024) (Ruling)
✦ The Tenant's Application dated 8th September 2023 is dismissed with costs to the Landlords assessed at Kshs. 20,000/=
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Safina Safi Investments Limited v Komen (Tribunal Case E023 of 2024) [2024] KEBPRT 790 (KLR) (15 May 2024) (Ruling)
✦ The application for termination of tenancy and eviction of the tenant is dismissed. The tenant is ordered to pay all outstanding rent arrears within 30 days, and the landlord is allowed to levy distress for rent if not paid.
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Njoroge v Mwangi (Tribunal Case E007 of 2024) [2024] KEBPRT 852 (KLR) (14 May 2024) (Ruling)
✦ The tenant/applicant is entitled to the orders sought for protection against any illegal eviction and or interference by the landlord/ respondent.
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Precision Diagnostics Clinics Limited v Sesame Limited & another (Tribunal Case 274 of 2020) [2024] KEBPRT 787 (KLR) (13 May 2024) (Ruling)
✦ The landlord's application for permission to levy distress is allowed, and the tenant's application for quiet possession is allowed. The tenant is ordered to settle rent arrears within 30 days, and the landlord is granted the right to levy distress if the tenant defaults.