Samuel Mbugua t/a Guchokaniriria Kihoto Traders & Farmers Co. Ltd v Doris Wanjiru Maina; Digit Auctioneers (Auctioneers) [2021] KEBPRT 425 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 425
- Citation
- [2021] KEBPRT 425 (KLR)
AI Summary
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TypeBusiness Premises Rent TribunalPostureRespondent's preliminary objection dismissedCoramCYPRIAN MUGAMBI NGUTHARI, HON GAKUHI CHEGE
Holding
The company is the Applicant in these proceedings and Samuel Mbugua is acting on behalf of the company.
Facts
A tenancy agreement was executed between Robert Myall and Guchokaniriria Kihoto Traders and Farmers Co. Ltd. Samuel Mbugua was not a signatory. A demand letter was sent to the company demanding rent arrears. A notice to terminate the tenancy was issued to the company's chairman.
Issues
- Whether the description of Samuel Mbugua T/A Guchokaniriria Kihoto Traders & Farmers Ltd renders the suit by the Applicant herein defective.
- Whether the Landlord's notice to terminate or alter terms of tenancy dated 18th September 2020 expired on 1st December 2020.
Reasoning
The company's certificate of incorporation and the position of chairman held by Samuel Mbugua were not challenged. The notice to terminate the tenancy was not served upon the Tenant, and the Respondent's objection was not based on the notice.
Outcome
Both applications by the Applicant are dismissed.
Orders
- Applications dated 26th January 2021 and 5th March 2021 are fixed for hearing.
Authorities cited
Legislation (1)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act
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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