Swaleh Abdun Sulum v Joshua Kalunge Mambao [2022] KEBPRT 13 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 13
- Citation
- [2022] KEBPRT 13 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeTribunal DecisionPostureApplication for Termination of TenancyCoramNot explicitly named in the text
Holding
The Tribunal found that the notice to terminate tenancy was valid and the landlord was entitled to the orders sought.
Facts
The landlord, Swaleh Abdun Sulum, served a notice to terminate the tenancy of Joshua Kalunge Mambao on 2nd March 2020. The tenant, Joshua Kalunge Mambao, opposed the notice, citing a previous Tribunal decision on a reference dated 5th March 2020.
Issues
- Validity of the notice to terminate tenancy
- Landlord's entitlement to the orders sought
Reasoning
The Tribunal determined that the notice to terminate tenancy was issued in accordance with the law and that the tenant's opposition was based on a previous Tribunal decision that was not a reference under section 6 of Cap 301, thus section 9(3) of Cap 301 does not apply.
Outcome
The application was granted.
Orders
- Declaratory order that the tenancy is effectively terminated
Remedies
- Vacant possession of the suit premises and police escort assistance
Authorities cited
Legislation (6)
- Cap 301 of the Laws of Kenya
- Section 4(2) of Cap 301
- Section 6(1) of Cap 301
- Section 12(4) of Cap 301
- Section 9(3) of Cap 301
- Section 10 of 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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