Perita Munyasa v Godfrey Shitanda [2021] KEBPRT 455 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 455
- Citation
- [2021] KEBPRT 455 (KLR)
- Decided
- 12 March 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLandlord and Tenant DisputePostureReference for Determination of Tenancy TerminationCoramPATRICIA MAY, VICE CHAIR, BUSINESS PREMISES RENT TRIBUNAL
Holding
The termination notice came to effect on 22nd December 2020, and the Landlord-tenant relationship ceased to exist.
Facts
The Landlady issued a termination notice to the Tenant on 22nd October 2020, demanding vacating the premises. The Tenant did not file a reference to oppose the notice and acknowledged receipt of the notice.
Issues
- Whether the termination notice came to effect
- Whether the Landlord-Tenant relationship exists
Reasoning
The Landlady complied with the provisions of Section 4(2) of the Landlord & Tenant (Shops, Hotels & Catering Establishments) Act by issuing a proper notice of termination. The Tenant did not file a reference to oppose the notice, rendering him a trespasser.
Outcome
The reference is allowed, and the Tenant is ordered to vacate the premises.
Orders
- Tenant to give vacant possession of the demised premises
- Landlady to apply for execution under section 14 of Cap 301
Remedies
- Costs of Kshs 20,000/- to be borne by the Tenant
Authorities cited
Legislation (1)
- Landlord & Tenant (Shops, Hotels & 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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