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Aziza Hyder & another v Gami Querries Limited & another [2021] KEBPRT 388 (KLR)

[2021] KEBPRT 388 (KLR) Business Premises Rent Tribunal
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Court
Business Premises Rent Tribunal
Case number
388
Citation
[2021] KEBPRT 388 (KLR)
Decided
30 July 2021
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeBusiness Premises Rent TribunalPostureApplication for eviction and mesne profitsCoramHON. GAKUHI CHEGE, Mrs. Ali
Holding

The Landlords' application has no merit due to the lack of evidence of service of the notices and the contradictory nature of the exhibited notices.

Facts

The Landlords sought to recover vacant possession of a portion of land and mesne profits from the Tenants, who were issued with a notice of termination and a notice to increase rent. The Tenants failed to oppose the notices by filing a Reference.

Issues

  1. Service of notices
  2. Contradictory notices
  3. Validity of notice to increase rent

Reasoning

The Tribunal found that the Landlords did not file affidavits of service for the notices to terminate tenancy and to increase rent, and that the notices were not served simultaneously as they were not synonymous.

Outcome

No order as to costs

Authorities cited

Legislation (1)
  • Cap. 301 Laws of Kenya
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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