Mohammed Muthee v Mumbai Shopping Complex & another [2021] KEBPRT 324 (KLR)

Facts

The Tenant, Mohammed Muthee, rented space from the Landlord, Mumbai Shopping Complex, for a period of five years and three months. The Landlord issued an undated notice of termination, and the Tenant moved the Tribunal for orders to restrain the Landlord from interfering with their peace and quiet enjoyment of the premises.

Issues

1. Whether the Tribunal has jurisdiction under section 12 of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act Chapter 301 Laws of Kenya to investigate the complaint raised by the Tenant?
2. Whether the termination notice issued by the Landlord was valid?
3. Whether the Tenant’s application meets the threshold required to grant the reliefs sought?

Reasoning

The Tribunal found that it has jurisdiction under section 12(4) of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act to investigate the complaint raised by the Tenant. However, the Tribunal dismissed the application due to the lack of evidence supporting the Tenant's claims.

Outcome

The Tenant's application and reference are dismissed.

Authorities cited