Miriam Nyawira Mwaniki v Cyrus Wanjohi Kamunya [2021] KEBPRT 216 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 216
- Citation
- [2021] KEBPRT 216 (KLR)
- Decided
- 28 September 2021
The Landlady has failed to bring herself within the principles for the grant of the orders sought and the application is dismissed.
Facts
The Landlady (Applicant) and Tenant (Respondent) have a long-standing relationship, with the Respondent paying rent through the Landlady's daughter. The Respondent made alterations to the premises, including relocating a bathroom and toilet, which led to a closure notice from the Ministry of Health. The Tenant applied for and received a lifting of the closure notice, but the Landlady disputes the payment of rent and seeks to terminate the tenancy.
Issues
- Whether the Respondent is entitled to alter the structures of the building
- Whether the Landlady can terminate the tenancy
Reasoning
The court found that the Respondent is a tenant and has been dealing with the Landlady's daughter for rent payments. The closure of the business premises was due to health concerns, and the Tenant's alterations did not interfere with the structural foundation. The Landlady's claims of rent non-payment and purported sale of the property were not supported.
Outcome
Application dismissed
Authorities cited
Legislation (2)
- Physical Planning Act
- Cap. 301 Laws of Kenya
Cases cited (1)
- Halsburry’s Laws of England 4th Edn, paragraph 948
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