Susan Watheru Kimemia t/a Brimier Star Caterers v Martin Karanja & another [2021] KEBPRT 105 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 105
- Citation
- [2021] KEBPRT 105 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeBusiness Premises Rent TribunalPostureApplication for restraining orders against termination of tenancyCoramHON. GAKUHI CHEGE, J.M. Njenga for Tenant/Applicant, Kibathi for the Landlord
Holding
The application is granted, and the tenant is ordered to continue paying rent pending the hearing and determination of the reference.
Facts
The tenant, Susan Watheru Kimemia, runs a catering business in the landlord's premises. The landlord demanded Kshs.120,000 as goodwill and failed to carry out agreed repairs. The tenant claims the termination was illegal and in bad faith due to business losses and unfair competition.
Issues
- Whether the landlord's notice for termination was valid
- Whether the tenant's business should be protected from termination
Reasoning
The court found the landlord's notice was not in the prescribed form and did not give the required minimum period of notice. The court held that the tenant's business should be protected from termination due to the illegality of the notice.
Outcome
Application granted
Orders
- The application dated 24th March 2021 is granted in terms of prayers 2 and 4 thereof
- The applicant shall continue paying rent in respect of the suit premises pending hearing and determination of the reference
- The costs of the application are granted to the applicant
Remedies
- Continuation of the tenant's business in the premises pending the hearing and determination of the reference
Authorities cited
Cases cited (1)
- Thomson Smith Aikman & others – vs- Muchoki & Others (1982) eKLR
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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