Mary Mutinda v Masumbuko Women Group; Joslet Namayi & 2 others (Interested Parties) [2021] KEBPRT 402 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 402
- Citation
- [2021] KEBPRT 402 (KLR)
- Decided
- 23 July 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLandlord and Tenant DisputePostureTenant's application for injunction and reopening of suit premises, followed by landlord's application for eviction and compensationCoramHON A. MUMA, HON P. MAY
Holding
The termination notice issued by the Landlord is not in the prescribed form and is therefore invalid. The landlord's application is dismissed, and the tenant's reference is spent.
Facts
Tenant Mary Mutinda rented a kiosk from Landlord Masumbuko Women Group. The Landlord issued a termination notice on 18th March 2020, which the Tenant contested.
Issues
- Whether the termination notice issued by the Landlord on 18th March 2020 is lawful
- Whether the Landlord can evict the Tenant and claim compensation
Reasoning
The notice did not comply with the Landlord and Tenant (Shops, Hotels and Catering Establishment) Act, Cap 301, and the Tribunal found it to be invalid.
Outcome
The landlord's application is dismissed, and the tenant's reference is spent.
Orders
- The landlord's application dated 16th July 2020 is dismissed with costs to the tenant and interested parties
- The orders of 11th June 2020 to continue being in force
- The tenant's reference dated 12th May 2020 is spent and compromised on similar terms as in b above in light of CMCC 570 of 2019
- Landlord to pay tenant's costs awarded at Kshs.20,000/- and IP parties costs also assessed at Kshs 20,000/-
Remedies
- Tenant's quiet possession of the suit premises is ordered to continue
- Tenant's reference is spent and compromised
Authorities cited
Legislation (2)
- Landlord and Tenant (Shops, Hotels and Catering Establishment) Act Cap 301
- Interpretation General Provisions Act Cap 2
Cases cited (2)
- National Fund for The Disabled of Kenya Registered Trustee v squire Limited [2017] eKLR
- Syenda Mohammed Burhannudin Saheb v Mohamdedally Hassanally [1980] eKLR
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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