Ngegeways Enterprises Limited v Kisumu Muslim Association [2021] KEBPRT 659 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 659
- Citation
- [2021] KEBPRT 659 (KLR)
- Decided
- 11 May 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLandlord & Tenant DisputePostureReference to Business Premises Rent TribunalCoramHON PATRICIA MAY, HON A. MUMA
Holding
The notices to terminate tenancy were valid and the tenancy ended when the termination came to effect.
Facts
The Landlord issued notices to terminate the tenancy of the tenants, who claimed the notices were issued in bad faith. The tenants had been running their trade and affairs for many years.
Issues
- Whether the landlord satisfied the requirements of section 4 and specifically section 4(5) of the Act
- Whether the landlord satisfied the requirements of section 7(1)(f) and (g)
Reasoning
The landlord complied with the provisions of Section 4(2) of the Act and provided clear grounds for termination. The tenants' allegations of bad faith were dismissed.
Outcome
The references are hereby dismissed and the tenants vacate the premises immediately.
Orders
- The references dated 27th April 2020 are hereby dismissed.
- The Tenants do vacate the premises and surrender possession to the Landlord immediately.
- The OCS Kisumu Central Police station to ensure compliance of order 1 above.
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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