Kenyan case law
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Paul Lobo v Maria Gatitu & another [2021] KEBPRT 194 (KLR)
✦ The Landlord's notice to terminate the tenancy is upheld, and the Tenant is granted up to 31st December 2021 to vacate the premises.
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David Kinyua t/a Choice Wines & Spirits v Gladys Njeri Mugo [2021] KEBPRT 209 (KLR)
✦ The Landlord's Notice to Terminate the Tenancy is invalid and of no effect. The Tenant's Application is upheld. The landlord is restrained from interfering with the tenant's possession of the suit premises. The Tenant is ordered to pay rent as and when it falls due.
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Dlux Limited v Edna Shadrack Ouma & another [2021] KEBPRT 210 (KLR)
✦ The Tribunal has jurisdiction under section 12 of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act to investigate the complaint raised by the tenant.
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Richard Mukula Muthokat/a Nzambani Pharmacy v Rose Kavithe Mutia [2021] KEBPRT 213 (KLR)
✦ The Tenant's application is dismissed. The Tribunal orders the Landlord to temporarily prohibit and restrain from harassing and unlawfully evicting the Tenant from the premises as well as from unlawfully interfering with the Tenant's use and occupation of the premises.
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Kenneth Mugambi Kimencu t/a Drink Depot v Mark Gitonga Thiringi & another [2021] KEBPRT 158 (KLR)
✦ The Tribunal had no jurisdiction to entertain the matter and the ex-parte orders given were issued in error and ought to be discharged.
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Alex Njuguna Gitau v Benter Atieno Mwalo [2021] KEBPRT 220 (KLR)
✦ The reference is dismissed, and the Tenant is ordered to vacate the premises within 14 days.
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Miriam Nyawira Mwaniki v Cyrus Wanjohi Kamunya [2021] KEBPRT 216 (KLR)
✦ The Landlady has failed to bring herself within the principles for the grant of the orders sought and the application is dismissed.
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Charles Gitonga t/a Nyamachoma Hotel v Mulwa Commercial Agencies & another [2021] KEBPRT 222 (KLR)
✦ The application is dismissed with costs to the Tenant
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Margaret Wahito v Mahiga Produce Trading Co [2021] KEBPRT 215 (KLR)
✦ The tenant's rent is hereby increased to Kshs.13,600/- with effect from the month of October 2021.
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Duncan Muthee Michuki v Fauzia Farah Mohamed & another [2021] KEBPRT 225 (KLR)
✦ Application is not opposed, orders given on 9th September 2019 are confirmed pending the hearing of the reference
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Living Waters Spa And Resort Co. Ltd t/a LH20 Bar And Restraurant v Dreamliners Energies Limited t/a Acasia West Point [2021] KEBPRT 240 (KLR)
✦ Application dismissed
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Patrick Ng’ang’a Kiarie v Dominic Ng’ang’a [2021] KEBPRT 304 (KLR)
✦ The landlord is allowed to break into the premises and gain possession, but the tenant is not required to pay rent as the landlord has not provided evidence of rent paid.
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Belcom Agencies Limited v Transline Classic Limited [2021] KEBPRT 232 (KLR)
✦ The Tribunal's application to levy distress is disallowed with costs to the Tenant.
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Elphas Oyugi v Signature Bar and Restaurant [2021] KEBPRT 224 (KLR)
✦ The Tribunal has no jurisdiction to reinstate a dispossessed tenant and the only recourse is to file an ordinary civil suit for compensation.
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Charles Njiiri Kigo v Alice Wache Nyambu [2021] KEBPRT 295 (KLR)
✦ The Tribunal finds the tenancy is a controlled tenancy and allows the application for a temporary restraining order and variation of terms.
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Global Lifting Services Limited v Dairy Systems & Services Limited [2021] KEBPRT 328 (KLR)
✦ The application is dismissed with no orders as to costs. The tenant is ordered to clear outstanding rent arrears within 14 days, with the landlord at liberty to levy distress in default.
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Eric Godwin Mwadime v Abbas Brothers [2021] KEBPRT 300 (KLR)
✦ The Tribunal does not have jurisdiction to hear the application and the matter is not res judicata.
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Michael Muraya Mbugua v Archipas Mwakidoe [2021] KEBPRT 292 (KLR)
✦ The Landlord's application is dismissed with no orders as to costs, and the reference is fixed for hearing on a priority basis.
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Alice Wanjiku Matu v Naomi Waithira Karuri [2021] KEBPRT 301 (KLR)
✦ The Tribunal grants prayers 3, 5, 6, 7, 8, and 9, and suspends rent payments pending compliance with the orders.
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Lawrence Ngige Mwiruri v Peter Kilonzo [2021] KEBPRT 223 (KLR)
✦ The application is dismissed with costs for lack of jurisdiction.
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Joseph Ndirangu Kiruthu t/a Kirston Builders v David Waweru Kinyanjui [2021] KEBPRT 230 (KLR)
✦ Landlord's preliminary objection is allowed and the reference is dismissed in its entirety.
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Paul Mwangi Warutere v Ligi Ndogo Limited [2021] KEBPRT 296 (KLR)
✦ The tenant is still a tenant of the landlord and the landlord's attempt to treat him otherwise is illegal, null, and void. The risk of a party suffering an illegality in the face of a threatened eviction amounts to irreparable loss and damage.
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Samuel Nyambane t/a Metrix Educational Centre And Computer Training v Sannex Enterprises Auctioneers & another [2021] KEBPRT 234 (KLR)
✦ The Respondents' bill of costs is taxed at Kshs.52,100/-
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Maurice Kinyanjui Nganga v Grace Wachuka Manga [2021] KEBPRT 174 (KLR)
✦ The tenant has not brought himself within the principles of granting an interlocutory injunction.
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Catherine Muthoni Karugia v Kinyua Muriithi [2021] KEBPRT 299 (KLR)
✦ The landlord's notice of termination is upheld, and the tenant's notice of reassessment is dismissed.