Lydia Waithira Njoki v Ephantus Chege [2021] KEBPRT 76 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 76
- Citation
- [2021] KEBPRT 76 (KLR)
- Decided
- 15 December 2021
The application is allowed, and the landlord is restrained from terminating the tenant's tenancy without adhering to the provisions of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, Cap 301, Laws of Kenya.
Facts
The tenant secured the suit premises in 2016 at a monthly rent of Kshs.5,500. The tenant was in rent arrears of Kshs.29,500 as of the date of filing the suit. The landlord closed the tenant's business premises without prior notice.
Issues
- Whether the tenant is entitled to the reliefs sought in the application and reference.
- Who is liable to pay costs of the suit?
Reasoning
The landlord's closure of the tenant's business premises was not lawful as it did not follow the mandatory procedure under the Act. The tenant's counsel submitted that the landlord did not issue the tenant with any notice of intention to terminate the tenancy under Section 4, Cap. 301 Laws of Kenya.
Outcome
The application and reference are allowed.
Orders
- The landlord is restrained from terminating the tenant's tenancy without adhering to the provisions of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, Cap 301, Laws of Kenya.
- The landlord shall pay costs of Kshs.30,000 to the tenant for the application and reference which shall be defrayed against the rent account.
- The OCS, Central Police Station will ensure compliance with orders of this Tribunal.
- The landlord shall be at liberty to serve the prescribed notice upon the tenant.
Remedies
- Restraint from interfering with the tenant's tenancy
Authorities cited
Legislation (2)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act Cap. 301, Laws of Kenya
- Nairobi City County Government 'Fire Brigade By Laws and Osha Act 2007'
Cases cited (3)
- Giella vs. Cassman Brown & Co. Ltd (1973) EA 358
- Aikman vs. Muchoki (1982) eKLR
- Bachelors Bakery Ltd vs. Westlands Securities Ltd (1982) eKLR
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