Stephen Njuguna t/a Q. Smart Hardware v Titus Gatitu Njau t/a Tito House [2021] KEBPRT 44 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 44
- Citation
- [2021] KEBPRT 44 (KLR)
The tenancy notice is upheld subject to the effective date being amended to July 1, 2022. The tenant is required to give vacant possession by a licensed auctioneer within six months.
Facts
The tenant, Stephen Njuguna, applied for a temporary stay of execution of the landlord's notice to terminate the tenancy, citing the need for more time to vacate the premises due to servicing four bank loans totaling Kshs.10,064,679. The landlord, Titus Gatitu Njau, served a tenancy notice seeking to terminate the tenancy with effect from November 1, 2021, due to unauthorized structural alterations.
Issues
- Whether the tenant should be granted a temporary stay of execution of the landlord's notice to terminate the tenancy
- Whether the tenant should be given additional time to vacate the premises
Reasoning
The court considered the tenant's need for time to service his loans and the landlord's need for the premises for improvement. The court granted the tenant six months to vacate the premises.
Outcome
The tenant is granted a temporary stay of execution of the landlord's notice to terminate the tenancy, with the effective date amended to July 1, 2022.
Orders
- The tenancy notice dated 1st September 2021 is upheld subject to the effective date being amended to 1st July 2022.
- The tenant shall give vacant possession on or be evicted therefrom by a licensed auctioneer who shall be provided with security by the OCS within whose area of jurisdiction the premises are located.
- Each party shall meet own costs of the case in view of order (a) and (b) above.
- This ruling shall also apply to Eldoret BPRT NO. E024/2021 between Eunice Njeri T/A Generation Shop – vs- Titus Gatitu Njau T/A Tito House.
Remedies
- Vacant possession by a licensed auctioneer within six months
Authorities cited
Legislation (1)
- Cap. 301, Laws of Kenya
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