Halid Musa Ojiambo v Bonventure Imbayi & another [2021] KEBPRT 164 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 164
- Citation
- [2021] KEBPRT 164 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeBusiness Premises Rent TribunalPostureLandlord's Notice OpposedCoramHON CYPRIAN MUGAMBI NGUTHARI
Holding
The Landlord's notice is of no effect, and the Tenant's reference is allowed.
Facts
The Landlord, Halid Musa Ojiambo, issued a tenancy notice dated 1st April 2021, claiming the Tenant, Annet Wafula, refused to pay rent and owed Kshs 57,000 in arrears. The Tenant filed a reference, alleging the Landlord failed to pay rent and that the Landlord locked the premises without permission.
Issues
- Whether the Landlord's tenancy notice is valid
- Whether the Tenant's reference should be allowed
Reasoning
The evidence of the Tenant is uncontroverted, and the Landlord did not attend court to argue his notice.
Outcome
The Landlord's notice is nullified, and the Tenant's reference is allowed.
Orders
- The Landlord's notice dated 1st April 2021 is of no effect
- The Tenant's reference dated 28th April 2021 is hereby allowed
- The Landlord is hereby injuncted from interfering with the Tenant's quiet possession and use of the suit premises
- The Tenant shall have the costs of the reference
Remedies
- Injunction to prevent interference with the Tenant's possession
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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