Kenyan case law
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Michael t/a Nairobi Grill Market Limited & 2 others v Kifam Enterprises Limited & another (Tribunal Case E107 of 2022) [2022] KEBPRT 885 (KLR) (Civ) (7 October 2022) (Ruling)
✦ The Tribunal lacks jurisdiction to entertain the case and the preliminary objection is upheld.
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Realmast Limited v Mwangi (Tribunal Case E174 of 2022) [2022] KEBPRT 796 (KLR) (7 October 2022) (Ruling)
✦ The landlord's actions were unlawful, and the tenant is entitled to the reliefs sought in the February 22 application. The landlord's application for review is dismissed. The tenant is entitled to an injunction pending determination of the reference and costs.
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Sitati v Chelekesi (Tribunal Case 43 of 2021) [2022] KEBPRT 842 (KLR) (Civ) (7 October 2022) (Ruling)
✦ The tenant's application is dismissed, and there shall be no orders as to costs.
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Machua v Mungai (Tribunal Case 851 of 2020) [2022] KEBPRT 875 (KLR) (Civ) (7 October 2022) (Ruling)
✦ The Tribunal found that the tenant did not erect structures on the suit premises and did not sublet to a third party. The landlord’s notice to increase rent was lawful, and the notice to terminate tenancy was upheld.
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Aura v Okwara (Tribunal Case E082 of 2021) [2022] KEBPRT 801 (KLR) (Civ) (4 October 2022) (Judgment)
✦ The tenant's reference is allowed, and the landlord's notice is declared to be of no effect. The tenant is ordered to pay Kshs 10,000 in costs and continue paying rent as and when due.
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Kanyi v Padia (Tribunal Case E065 of 2022) [2022] KEBPRT 807 (KLR) (Civ) (3 October 2022) (Ruling)
✦ The application is dismissed with costs. The orders of May 23, 2022 dismissing the application and discharging the orders of May 26, 2022 are rearmed. The Respondent is awarded costs of Kshs. 30,000/- against the applicant all inclusive.
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Magondu & 2 others v Wanjiku & another (Tribunal Case E044 of 2022) [2022] KEBPRT 797 (KLR) (3 October 2022) (Ruling)
✦ The tenants' reference and application are dismissed with costs. The landlord's notice of rent increment is upheld, and the tenants' rent per month is confirmed to be Kshs 9000/- with effect from January 1, 2022. The tenants will pay accrued arrears within 30 days, and the landlord can use lawful means to recover the same. The respondents' costs are assessed at Kshs 20,000/- all inclusive.
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Mwangi v Oluoch & another (Tribunal Case 69 of 2021) [2022] KEBPRT 761 (KLR) (Civ) (30 September 2022) (Ruling)
✦ The Tribunal lacks jurisdiction to hear the case as the Tenant did not challenge the Tribunal's jurisdiction by filing the application.
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Wakulo v Nyangweso (Tribunal Case E045 of 2022) [2022] KEBPRT 756 (KLR) (Civ) (30 September 2022) (Judgment)
✦ The landlord is the rightful owner and the tenant is liable to give vacant possession of the premises or be evicted.
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Ndege v Mutarura & another (Tribunal Case E126 of 2022) [2022] KEBPRT 735 (KLR) (Civ) (30 September 2022) (Ruling)
✦ The tribunal has jurisdiction to hear and determine the matter. The termination notice was invalid and illegal.
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Kamau v Gichangi & 2 others (Tribunal Case E779 of 2021) [2022] KEBPRT 764 (KLR) (30 September 2022) (Ruling)
✦ The termination notice was valid, and the tenant is required to vacate the premises within 30 days.
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Ali v Mushila (Tribunal Case E049 of 2022) [2022] KEBPRT 770 (KLR) (30 September 2022) (Judgment)
✦ The tenant is found to be in rent arrears of Kshs.181,967 as of 30th September 2022. The landlord is entitled to vacant possession of the premises and the tenant is directed to vacate within 14 days. The landlord is awarded Kshs.20,000 in costs.
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Ngwana v Tsavo Lifestyle Limited (Tribunal Case E123 of 2022) [2022] KEBPRT 738 (KLR) (29 September 2022) (Ruling)
✦ The application for interlocutory injunction is allowed, and the Tenant is ordered to continue paying rent at 8,000/- per month from January to the present date, and every subsequent month thereafter in default.
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Kironget v Mule (Tribunal Case E027 of 2022) [2022] KEBPRT 882 (KLR) (Civ) (29 September 2022) (Ruling)
✦ Tenant's complaint and application dated March 8, 2022 is allowed. Tenant is allowed to carry on with his tailoring business at Maliki market within Eldoret town Uasin Gichu county. Tenant's rent for March 2022 is waived. Tenant is awarded costs of Kshs 20,000/- against the landlord.
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Ooko v Mairu (Tribunal Case E138 of 2022) [2022] KEBPRT 737 (KLR) (Civ) (28 September 2022) (Ruling)
✦ The Tribunal finds that there is a tenancy relationship between the parties and that the tenancy is a controlled tenancy. The rent increase is not justifiable.
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Nazarene Group of Companies v Obel Company Limited; Farah (Interested Party) (Tribunal Case E553 of 2022) [2022] KEBPRT 762 (KLR) (Civ) (27 September 2022) (Ruling)
✦ The tenancy commenced in March 2020, and the tenant is in rental arrears of Kshs 50,000. The lock is removed, and the landlord refunds the deposit and pays damages for unlawful eviction.
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Jambo Caterers Limited v Care for Care Limited & another (Tribunal Case E663 of 2022) [2022] KEBPRT 736 (KLR) (26 September 2022) (Ruling)
✦ The Landlord is not liable for unlawfully disconnecting electricity supply as it was disconnected by Kenya Power and Lighting Company, not the Landlord. The Tenant's claim for rent arrears is dismissed.
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Ndirangu v Maingi & 2 others (Tribunal Case E001 of 2022) [2022] KEBPRT 739 (KLR) (23 September 2022) (Ruling)
✦ The tribunal finds no tenancy relationship exists and dismisses the tenant's reference and application.
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Abdulkarim Rashid t/a Melodica v Salimirwa Trading Co. Ltd & another (Tribunal Case 464 of 2016) [2022] KEBPRT 767 (KLR) (23 September 2022) (Ruling)
✦ The court declines to allow cross-examination of Mr. Macharia Maina's affidavit and allows the respondent to rely on its reply affidavit.
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Ali Mansur Ali t/a Timberland v Zubedi (Tribunal Case 197 of 2020) [2022] KEBPRT 769 (KLR) (23 September 2022) (Judgment)
✦ The landlord's notice to terminate the tenant's tenancy dated 28th July 2020 is upheld, and the tenant is ordered to vacate the premises.
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Silverdash Limited v Walala (Tribunal Case E398 of 2022) [2022] KEBPRT 721 (KLR) (Civ) (23 September 2022) (Ruling)
✦ The landlord's application is allowed in terms of prayers 2 and 3, and the tenant's application is dismissed. Costs are awarded to the landlord.
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Watetu v Gachagua & 2 others (Tribunal Case E320 of 2022) [2022] KEBPRT 726 (KLR) (Civ) (22 September 2022) (Ruling)
✦ The tenant's reference and application are dismissed with costs to the respondents. The interim orders are discharged, and the landlord is entitled to distress for rent with waived court fees. The tenant is ordered to pay Kshs 15,000 in costs.
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Abdullahi v Hassan (Tribunal Case 909 of 2020) [2022] KEBPRT 753 (KLR) (22 September 2022) (Ruling)
✦ The application is dismissed with costs to the tenant
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Kirinyaga Tomato and French Beans Growers Cooperative Society Limited v Karatu (Tribunal Case 34 of 2021) [2022] KEBPRT 746 (KLR) (Civ) (22 September 2022) (Ruling)
✦ The tenant is ordered to pay Kshs 58,000 in rent arrears as of September 2022, subject to deductions for any payments made after July 22, 2022. The tenant's application for eviction is dismissed.
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Oloo & another v Mwinyi (Tribunal Case E322 of 2022) [2022] KEBPRT 771 (KLR) (Civ) (21 September 2022) (Ruling)
✦ Tenant’s application is dismissed with costs, tenant shall pay all rent in arrears, deliver vacant possession, and pay additional costs