Adventure Adrenalin Africa Limited v Hellen Hartley [2021] KEBPRT 101 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 101
- Citation
- [2021] KEBPRT 101 (KLR)
- Decided
- 23 December 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeTribunal CasePostureAppeal from a previous Tribunal CaseCorampresiding judge
Holding
The notice is not defective or invalid as the reference from which the appeal arose was determined more than 12 months before the notice was issued.
Facts
The Tenant and Landlord had a lease agreement for a property known as 'Diani House'. The Landlord gave the Tenant a notice to vacate the premises on 24th November 2020, claiming he intended to use the property for a year as his residence.
Issues
- Whether the notice of termination of tenancy dated 24th November 2020 ought to be upheld or dismissed.
- Whether the previous court proceedings over the suit premises affects the instant proceedings.
- What reliefs ought to be granted in this case.
Reasoning
The notice complies with the Act's requirements and was not issued in the pendency of an appeal. The Landlord's intention to use the property for a year as his residence is a valid reason for termination.
Outcome
The notice of termination of tenancy dated 24th November 2020 is upheld.
Authorities cited
Legislation (2)
- Cap 301, Laws of Kenya (Landlord and Tenant Act)
- Tribunal Case No 70 of 2017
Cases cited (3)
- Mombasa ELC Appeal cases No 28 and 29 of 2018 (consolidated)
- Tribunal Case No 68 of 2020
- ELC Case No 257 of 2017
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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