Sitati v Chelekesi (Tribunal Case 43 of 2021) [2022] KEBPRT 176 (KLR) (Civ) (10 June 2022) (Judgment)
- Court
- Business Premises Rent Tribunal
- Case number
- 176
- Citation
- [2022] KEBPRT 176 (KLR)
- Decided
- 10 June 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLandlord-Tenant DisputePostureAppeal from a decision of the Business Premises Rent TribunalCoramGAKUHI CHEGE, VICE CHAIR
Holding
The landlord has established a controlled tenancy and the tenant is liable to pay rent and vacate the premises.
Facts
The landlord seeks to terminate the tenant's occupation of the suit premises due to non-payment of rent, while the tenant claims he has a beneficial interest in the land and has occupied the premises for 20 years.
Issues
- Whether the landlord has a valid title to the land
- Whether the tenant has a valid claim to the land
- Whether the tenant has paid rent as agreed
Reasoning
The landlord's title to the land is established, and the tenant's claim to the land is not supported by evidence. The tenant's non-payment of rent justifies termination of the tenancy.
Outcome
The landlord's notice to terminate tenancy is upheld, and the tenant is ordered to pay rent and vacate the premises.
Orders
- Tenant to pay Kshs.90,000/- in rent from June 2019 to June 2022
- Tenant to vacate the premises
- Landlord to be awarded Kshs.20,000/- in costs
Remedies
- Tenant to pay rent and vacate the premises
- Landlord to be awarded costs
Authorities cited
Legislation (1)
- Land Registration Act, 2012
Cases cited (1)
- Section 121 of the Evidence Act, Cap 80 Laws of Kenya
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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