Edwin Mwangi Wairagu t/a Trade Wide Auctioneers & another v Esther Njeri Akwami [2021] KEBPRT 645 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 645
- Citation
- [2021] KEBPRT 645 (KLR)
- Decided
- 4 March 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeBusiness Premises Rent TribunalPostureApplication to terminate tenancy and seek access ordersCoramHON CYPRIAN MUGAMBI NGUTHARI
Holding
The reference by the applicant is struck out and the application is dismissed with no orders as to costs.
Facts
The applicant, Edwin Mwangi Wairagu, referred a complaint to the Tribunal against the respondent, Esther Njeri Akwami, alleging that the respondent had locked the office and vacated without payment of rent. The applicant sought orders for access to the respondent's premises.
Issues
- Whether the applicant is the landlord entitled to terminate the tenancy
- Whether the applicant has followed the proper procedure for terminating the tenancy
Reasoning
The applicant is not the landlord as defined in the Act, and there is no evidence of a notice to terminate the tenancy issued under section 4(2) of Cap 301. The reference was filed on the same day as the notice of motion, and there is no evidence that it was served on the respondent.
Outcome
Dismissed
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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