George Mwangi v Duncan N. Njau & another [2021] KEBPRT 145 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 145
- Citation
- [2021] KEBPRT 145 (KLR)
The notice to vacate is declared valid, and the Tenant is ordered to vacate the premises with immediate effect. The Tenant's claim for Kshs. 10,380.00 is dismissed, and the Tenant is ordered to pay arrears of Kshs. 21,000.
Facts
The Tenant, George Mwangi, rented a commercial premises on Parcel Title No. Subukia/Subukia Block 13/404 adjacent to Nakuru-Nyahururu Road. The Landlord, Duncan N. Njau, issued a Notice to Vacate the premises on 4th June 2021, citing KENHA's demolition notice. The Tenant sought restraining orders and rent deductions.
Issues
- Validity of the Notice to Vacate
- Arrears and Rent Deduction
Reasoning
The notice to vacate was not in the prescribed form but was considered valid due to the substance of the notice. The Tenant's claim for repair and renovation costs was dismissed.
Outcome
The Tenant is ordered to vacate the premises and pay arrears.
Orders
- Notice to vacate dated 4th June 2021 and KENHA notice declared valid
- Tenant to vacate the premises with immediate effect
- Tenant to pay arrears of Kshs. 21,000
- Tenant to pay Kshs. 10,380.00 for repair and renovation costs (dismissed)
- OCS Subukia Police Station to aid in execution of orders
- Each party to bear their own costs
Remedies
- Vacation of premises
- Payment of arrears
Authorities cited
Legislation (2)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act Cap 301 Laws of Kenya
- Interpretation and General Provisions Act Cap 2 Laws of Kenya
Cases cited (1)
- Oscar Luvaha (Explore Auto Valuers and Assessories Limited) v Babi Investments & another [2021] eKLR
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