Silas Oluchina v Grace M Luyundi [2022] KEBPRT 109 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 109
- Citation
- [2022] KEBPRT 109 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEvictionPostureTenant's appeal against landlord's tenancy noticeCoramHON. GAKUHI CHEGE, VICE CHAIR, BUSINESS PREMISES RENT TRIBUNAL
Holding
The tenancy notice is dismissed and the landlord is ordered to pay the tenant's costs of the reference assessed at Kshs.30,000/-.
Facts
The landlord served a tenancy notice to terminate the tenant's business premises tenancy, citing major renovation and vacant possession. The tenant opposed the notice, citing previous notices and orders in his favour.
Issues
- Whether to uphold or dismiss the tenancy notice
- Who is liable to pay costs of the reference
Reasoning
The landlord failed to prove her intention to undertake repairs and the nature of repairs intended, and was casual in her approach. The landlord's previous attempts to evict the tenant and the disclosure of paying lesser rent than other tenants suggest no genuine intention to do so.
Outcome
Tenant's appeal upheld
Orders
- Tenancy notice dated 9th October 2018 is dismissed
- Landlord pays Kshs.30,000/- in costs of the reference
- No further tenancy notice until after 12 months
Remedies
- Tenant's costs of the reference assessed at Kshs.30,000/-
Authorities cited
Legislation (1)
- Cap. 301, Laws of Kenya
Cases cited (2)
- Eldomant Holdings Limited -vs- Ticket Company Limited (2019) eKLR
- Auto-Engineering -vs- Gonella (1978) KLR 248
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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