Patos Trading Company Limited v Light Nternational School [2021] KEBPRT 73 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 73
- Citation
- [2021] KEBPRT 73 (KLR)
- Decided
- 17 December 2021
AI Summary
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TypeLandlord and Tenant DisputePostureAppeal from a previous decisionCoramHON. GAKUHI CHEGE, VICE CHAIR, Oyugi for Tenant, Miss Mangla for the Landlord
Holding
The monthly rent payable by the tenant in respect of the canteen premises is Kshs.40,000 per month, excluding school holidays and government closures.
Facts
The tenant and landlord entered into an oral arrangement regarding the operation of a canteen within the landlord's institution. A dispute arose after the new canteen was constructed and the parties could not agree on the rent for the new premises.
Issues
- Determination of fair rent for the canteen premises
- Application of advance rent
Reasoning
The court considered the tenant's and landlord's valuations and the justification for the proposed fair rent, concluding that the tenant's valuation was more appropriate given the canteen's restricted operating hours and location.
Outcome
The tenant is ordered to pay the rent as determined, with the advance rent applied towards arrears.
Orders
- Monthly rent of Kshs.40,000 per month from 8th November 2016
Remedies
- Application of advance rent towards arrears
Authorities cited
Legislation (1)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act Cap. 301, Laws of Kenya
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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