Samuel Mbogo Mwangi t/a Unity Bar and Restaurant v Risper Wamaitha Gichanga & another [2021] KEBPRT 403 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 403
- Citation
- [2021] KEBPRT 403 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLandlord and Tenant DisputePostureAppeal from a decision of the Business Premises Rent TribunalCoramClement Chege, Elizabeth Agutu
Holding
There existed a valid contract between the Tenant and the Landlady, creating a controlled tenancy.
Facts
The Tenant, Samuel Mbogo Mwangi, continued to stay in and pay rent on the suit premises after the lease expired, while the Landlord, Risper Wamaitha Gichanga, sought to evict the Tenant and access the property.
Issues
- Whether controlled tenancy ensued from the continued stay and paying of the rent by the Tenant in the suit premise.
- Whether the Tribunal should grant the orders as sought by the Landlord in her Notice of Motion dated 3rd March 2020.
Reasoning
The Tribunal found that the continued stay and payment of rent by the Tenant after the lease expired created a month-to-month controlled tenancy, as per the Landlord and Shops, Hotels and Catering Establishments Act.
Outcome
The Landlord's application was not struck out.
Orders
- The application for an order allowing the landlady/Applicant to access plot Number 141, being the suit premise was not granted.
Authorities cited
Legislation (2)
- Landlord and Shops, Hotels and Catering Establishments Act CAP 31
- Civil Procedure Rules
Cases cited (3)
- RTS Flexible Systems Ltd v Molkerei Alois Müller GmbH & Co KG (UK Production)
- Fidelity Commercial Bank Limited v Kenya Grange Vehicle Industries Limited
- DT Dobie & Company (K) Limited vs Muchina
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.
Loading judgment…