Kenyan case law
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God's Worshippers in Spirit and Truth Ministry v Metto (Tribunal Case E012 of 2022) [2022] KEBPRT 218 (KLR) (Civ) (18 July 2022) (Ruling)
✦ The application is allowed in terms of prayers b and c, granting the tenant leave to file and serve the reference within 21 days.
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Eun-Tex Garments Traders & another v Mwangi (Sued as The Legal Representative of The Estate of Laban Kingori Macharia) & 4 others (Tribunal Case E599, E152 & E807 of 2021 (Consolidated)) [2022] KEBPRT 247 (KLR) (Civ) (15 July 2022) (Ruling)
✦ The 1st, 2nd, and 3rd Respondents are entitled to the rental income from the business premises. The 4th and 5th Respondents are not entitled to the rental income. The 1st, 2nd, and 3rd Respondents shall pay costs of Kshs 75,000/- to the Applicants.
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Kingara v Ikandi (Tribunal Case Miscellaneous E254 of 2022) [2022] KEBPRT 223 (KLR) (Civ) (15 July 2022) (Ruling)
✦ The application is dismissed with no orders as to costs
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Njeri v Ngunjiri & 3 others (Tribunal Case E179 of 2022) [2022] KEBPRT 196 (KLR) (Civ) (15 July 2022) (Ruling)
✦ Proceedings are struck out for want of jurisdiction
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Obwora v Kadima (Tribunal Case E009 of 2021) [2022] KEBPRT 240 (KLR) (Civ) (15 July 2022) (Judgment)
✦ The landlord's termination notice took effect on June 1, 2021, and the tenant is now a trespasser. The landlord is entitled to vacant possession and the tenant must pay rent arrears.
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Abdulkadir & another v Billel (Tribunal Case 261 & 262 of 2020 (Consolidated)) [2022] KEBPRT 253 (KLR) (Civ) (15 July 2022) (Ruling)
✦ The landlord is not entitled to increase rent beyond what is expressed in the tenancy notices and the rent increment shall take effect from 1st January 2022.
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Gitau v Woodtime Limited (Tribunal Case E230 of 2022) [2022] KEBPRT 142 (KLR) (Civ) (15 July 2022) (Ruling)
✦ Application dismissed with no orders as to costs
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Gichui v 4SB Investment Limited & another (Tribunal Case Miscellaneous E121 of 2022) [2022] KEBPRT 255 (KLR) (Civ) (15 July 2022) (Ruling)
✦ The application is allowed in terms of prayer 3 and 5 of the notice of motion dated February 3, 2022, and the tenant is granted protection against imminent eviction and the provision of water and an alternative power source.
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Mwai v Bosibori (Tribunal Case E068 of 2021) [2022] KEBPRT 205 (KLR) (Civ) (15 July 2022) (Ruling)
✦ The application is allowed in terms of prayers 2, 3, and 4.
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Amabale v Ngada (Tribunal Case 30 of 2021) [2022] KEBPRT 237 (KLR) (Civ) (15 July 2022) (Judgment)
✦ The tribunal finds that there is a landlord and tenant relationship between the parties and the tenancy notice has been proved on a balance of probabilities. The tenancy notice is approved, and the tenant is ordered to vacate the property by July 31, 2022, and pay all accrued rent arrears.
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Kutayi v Shah (Tribunal Case 313 of 2021) [2022] KEBPRT 211 (KLR) (Civ) (15 July 2022) (Judgment)
✦ Tenant's reference is allowed
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Jacob v Namu (Tribunal Case E010 of 2022) [2022] KEBPRT 252 (KLR) (Civ) (15 July 2022) (Ruling)
✦ No landlord/tenant relationship exists, interim orders are discharged, and Jacob is ordered to pay costs.
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Muthoga Gaturu & Company Advocates v Absa Bank Kenya PLC (Tribunal Case E020 of 2022) [2022] KEBPRT 193 (KLR) (14 July 2022) (Ruling)
✦ The application for injunction is allowed, and the tenant is granted the right to have its case heard on the merits.
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Musau v Musau & another (Tribunal Case 869 of 2019) [2022] KEBPRT 246 (KLR) (Civ) (14 July 2022) (Ruling)
✦ The application dated September 16, 2019 is dismissed with costs to the landlords/Respondents.
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Gakenia v Kimita t/a Mwalimu Agencies Co. Ltd & another (Tribunal Case E007 of 2022) [2022] KEBPRT 245 (KLR) (Civ) (14 July 2022) (Ruling)
✦ The tenancy notice is invalid and the landlord is ordered to pay Kshs.10,000 in costs to the tenant.
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Mathew Onyinkwa Elbow Bar & Restaurant Nyanturango v Atenga (Tribunal Case E023 of 2021) [2022] KEBPRT 233 (KLR) (13 July 2022) (Ruling)
✦ The tenant was justifiably allowed to move the tribunal to challenge the notice, and the application for injunction is allowed.
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Ambiyo v Tough Hide Limited & another (Tribunal Case E248 of 2021) [2022] KEBPRT 197 (KLR) (Civ) (13 July 2022) (Ruling)
✦ The application is dismissed with costs.
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Ongeri v Muigai & another (Tribunal Case 1004 of 2020) [2022] KEBPRT 759 (KLR) (Civ) (13 July 2022) (Ruling)
✦ The tenant's reference in regard to the unlawful notice to vacate dated 7th November 2020 is allowed and the notice declared to be of no legal effect. The tenant's application dated 16th December 2020 is dismissed on account of failure to pay rent after the interim orders were granted in his favor. The Respondent's application dated 6th September 2021 is allowed and the orders given on 16th December 2020 are hereby discharged and/or vacated. Each party shall bear own costs of the proceedings.
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Mwadumbo & Company Advocates v Gimco Limited (Tribunal Case E153 of 2022) [2022] KEBPRT 198 (KLR) (Civ) (12 July 2022) (Ruling)
✦ A temporary injunction shall issue restraining the respondent from interfering with the tenant's quiet occupation and enjoyment of the premises pending reconciliation of the rent account.
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Samuel v Oyula & another (Tribunal Case E011 of 2022) [2022] KEBPRT 195 (KLR) (Civ) (12 July 2022) (Ruling)
✦ The Tribunal orders the Rent Inspector to visit the premises and file a report within 30 days, and the tenant to facilitate the exercise by paying the requisite charges.
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Patel v Malca Amit Limited (Tribunal Case E070 of 2022) [2022] KEBPRT 141 (KLR) (Civ) (8 July 2022) (Ruling)
✦ The Tribunal upholds the tenant's preliminary objection and strikes out the landlord's motions.
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Naipanoi t/a Naipanoi & Mungai Advocates v Nenkai Investement Limited & another (Tribunal Case E192 of 2022) [2022] KEBPRT 244 (KLR) (Civ) (8 July 2022) (Ruling)
✦ Application and reference dismissed with costs.
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National Oil Corporation Oil of Kenya v Macharia (Tribunal Case E204 of 2022) [2022] KEBPRT 232 (KLR) (8 July 2022) (Ruling)
✦ The notice of termination is found to be defective and the application is struck out.
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Smart Legal Limited v Marborough Energy Limited (Tribunal Case E548 of 2021) [2022] KEBPRT 718 (KLR) (Civ) (8 July 2022) (Ruling)
✦ The tribunal has jurisdiction to hear and determine the reference and pending applications.
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Wainaina & another v Mahinda & another (Tribunal Case E692 of 2021) [2022] KEBPRT 254 (KLR) (8 July 2022) (Ruling)
✦ The Tribunal found the landlord's notice to be illegal and ordered the landlord to pay costs to the tenant. The landlord was restrained from interfering with the tenant's occupation and quiet enjoyment of the property.