Stephen Thiong’o v George Gor Choro [2021] KEBPRT 85 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 85
- Citation
- [2021] KEBPRT 85 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLandlord and Tenant DisputePostureReference and Notice of MotionCoramHON A. MUMA, VICE CHAIR, BUSINESS PREMISES RENT TRIBUNAL
Holding
The Tenant's reference dated 10th June 2021 in opposition of the notice to terminate tenancy is allowed. The Landlord's application dated 26th August 2021 is allowed in part.
Facts
The Landlord issued a notice to terminate the tenancy on May 5, 2021, and the Tenant filed a reference opposing the notice. The Landlord then filed a notice of motion seeking eviction and other remedies.
Issues
- Whether the Landlord's notice of termination of tenancy dated 5th May 2021 is lawful and valid?
- Whether the Landlord's application dated 26th August 2021 is allowed in part?
Reasoning
The notice to terminate the tenancy was not given in the prescribed form and did not specify a date for its effectiveness, violating the Landlords and Tenants (Shops, Hotels and Catering) Establishments Act.
Outcome
The Tenant's reference is allowed, and the Landlord's application is allowed in part.
Orders
- The Tenant to clear any outstanding arrears within 14 days or face eviction.
- The Landlord to be at liberty to issue a fresh notice when ready to use the premises.
- Each party to bear their own costs.
Remedies
- Eviction of the Tenant if arrears are not cleared within 14 days.
- Renovation and use of the premises by the Landlord.
Authorities cited
Legislation (2)
- Landlords and Tenants (Shops, Hotels and Catering) Establishments Act Cap 301
- Landlords and Tenants (Shops, Hotels and Catering) Establishments Act Chapter 301 Laws of Kenya Act
Cases cited (1)
- Manaver N. Alibhai T/A Diani Boutique vs. South Coast Fitness & Sports Centre Limited, Civil Appeal No. 203 of 1994
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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