Catherine Zawadi v John Masinjila Asila [2022] KEBPRT 115 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 115
- Citation
- [2022] KEBPRT 115 (KLR)
- Decided
- 14 January 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLandlord and Tenant DisputePostureAppeal from a previous orderCoramHON A. MUMA, VICE CHAIR, BUSINESS PREMISES RENT TRIBUNAL
Holding
The notice was valid, and the Tenant is ordered to pay rent arrears and grant vacant possession within 6 months.
Facts
The Landlord issued a termination notice to the Tenant on August 21, 2020, for renovation purposes. The Tenant moved the Tribunal seeking to restrain eviction and render the notice illegal. The Landlord filed a preliminary objection based on the nature of the premises.
Issues
- Validity of the notice issued by the Landlord
- Arrears owed to the Landlord
Reasoning
The Tribunal found the notice valid under the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, as it was issued in the prescribed form and with the required two-month notice period.
Outcome
The Landlord's application is allowed.
Orders
- Tenant to pay rent arrears from November 2021 within 30 days
- Tenant to grant vacant possession to the Landlord within 6 months
- Each party to bear their own costs
Authorities cited
Legislation (1)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act Cap 301
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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