Joseph Hilary Mwangi v Jane Wambui Njau [2021] KEBPRT 283 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 283
- Citation
- [2021] KEBPRT 283 (KLR)
- Decided
- 10 September 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEvictionPostureAppeal from an original trialCoramHON. ANDREW MUMA, HON. A. MUMA
Holding
The tenancy is terminated and the Landlord’s application is upheld. The Tenant is ordered to vacate the premises within 60 days, failing which the Landlord can reclaim the premises through break in.
Facts
The Landlord filed an application for eviction and recovery of rent arrears from the Tenant. The Tenant denied the claims and filed a replying affidavit. A case pending in Tribunal case no. 12 of 2019 was also mentioned.
Issues
- Whether the Tenant was properly served with the Notice to Terminate the tenancy.
- Whether the Court is functus officio with regard to Case no. 12 of 2019.
Reasoning
The Court found that the Tenant was properly served with the Notice to Terminate the tenancy. The doctrine of functus officio does not apply as the case was not final.
Outcome
Appeal upheld
Orders
- Tenant to vacate within 60 days
- Landlord can reclaim the suit premises through break in with assistance of the Officer Commanding Station Kenol
Remedies
- Eviction of the Tenant
- Recovery of rent arrears
Authorities cited
Legislation (1)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act
Cases cited (2)
- Election Petitions Nos. 3, 4 & 5 Raila Odinga & Others vs IEBC & Others [2013] eklr
- Jersey Evening Post Limited vs Al Thani [2002] JLR 542
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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