Mustafa Sharrif Abdalla v Marite Enterprises Ltd [2021] KEBPRT 438 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 438
- Citation
- [2021] KEBPRT 438 (KLR)
- Decided
- 18 June 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeBusiness Premises Rent TribunalPostureTenant challenges Landlord's notice of terminationCoramHON. GAKUHI CHEGE, VICE CHAIR, BUSINESS PREMISES RENT TRIBUNAL
Holding
The notice is defective, null and void for all purposes
Facts
The Landlord issued a notice dated 16th November 2021 to terminate the tenancy, effective from 1st February 2021. The Tenant contested the notice on various grounds.
Issues
- Defectiveness of the notice
- Capacity of the agent to issue the notice
Reasoning
The notice was issued on a date that is less than two months after the receipt by the Tenant, which is a requirement under the Landlord and Tenant (shops, Hotels and catering Establishments) Act. The notice was also found to be issued by an agent who was not required to obtain letters of administration due to the deceased landlord's estate.
Outcome
The notice is struck out with costs awarded to the Tenant
Orders
- The notice is struck out with costs of Kshs.15,000/- to the Tenant
- The Landlord is at liberty to issue a proper notice
Remedies
- Costs awarded to the Tenant
Authorities cited
Legislation (1)
- Cap. 301 Laws of Kenya
Cases cited (3)
- Lall v Jeypee Investments Ltd
- Fredrick Mutua Mulinge T/a Kitui uniform v Kitui Teachers Housing Cooperative Society Limited
- Ramadhan Mohammed Ali v Hashim Salim Ghanim
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…