Ingrid Waiyego Maina & another v Charles Karing’ori [2021] KEBPRT 162 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 162
- Citation
- [2021] KEBPRT 162 (KLR)
The Tribunal finds that there is no evidence of service of the termination notice on the Tenant and allows the Tenant's application to file a reference.
Facts
The Tenant, Charles Karing’ori, applied for an extension of time to oppose the termination notice, claiming he was never served with the notice. The Landlady, Ingrid Waiyego Maina, and her property manager, Antony Macharia, claimed the Tenant was served by his employee, Josphat.
Issues
- Whether the Tenant was served with the termination notice
- Whether the Tenant is entitled to file a reference against the notice
Reasoning
The Tribunal ruled that the Tenant was not served with the notice and that he has a right to oppose the notice, thus allowing the application.
Outcome
The Tenant's application is allowed, and he is ordered to file his reference within seven days, with the Landlady being at liberty to enforce the notice if the reference is not filed.
Orders
- Tenant's application allowed
- Tenant to file reference within seven days
- Landlady to enforce notice if reference not filed
Remedies
- Allowing the Tenant to file a reference
Authorities cited
Legislation (2)
- Cap 301 of the Laws of Kenya (Business Premises Rent Act)
- Section 6(1) of Cap 301
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