Ndungu Kangethe Kinyanjui v Harrison Omondi Oyugi [2021] KEBPRT 45 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 45
- Citation
- [2021] KEBPRT 45 (KLR)
- Decided
- 29 December 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeBusiness Premises Rent TribunalPostureAppeal from original trial outcomeCoramHON. GAKUHI CHEGE, Omollo
Holding
The landlord's termination notice is upheld, and the tenant must vacate the premises.
Facts
The tenant and landlord had a tenancy agreement for a shop on Manyanja Road. The tenant upgraded the premises with CCTV and other improvements. The landlord issued a termination notice due to financial difficulties and the closure of the liquor business due to the pandemic.
Issues
- Whether the landlord had a valid reason to terminate the tenancy
- Whether the tenant's improvements can be removed
Reasoning
The landlord's intention to operate a hardware business was established, and the tenant's improvements were not permanent.
Outcome
Tenant loses appeal
Orders
- Landlord's notice of termination upheld
- Tenant must vacate premises
- Tenant to be evicted by licensed auctioneer
- Costs awarded to landlord
Remedies
- Eviction of tenant
Authorities cited
Legislation (2)
- Evidence Act, Cap. 80 Laws of Kenya
- Business Premises Rent Act
Cases cited (2)
- Eldomart Holdings Limited vs Ticket Company Limited (2019) eKLR
- Auto Engineering vs Gonella (1978) KLR 248
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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