Muthoni v Mwathi (Tribunal Case E006 of 2021) [2022] KEBPRT 187 (KLR) (Civ) (31 May 2022) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 187
- Citation
- [2022] KEBPRT 187 (KLR)
- Decided
- 31 May 2022
AI Summary
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TypeCivilPostureAppeal from a previous orderCoramGAKUHI CHEGE, Vice Chair
Holding
The respondent's termination notice is upheld, and the applicant is ordered to vacate the premises by May 31, 2022, and pay Kshs.40,000 in mesne profits and Kshs.10,000 in costs.
Facts
The respondent served a tenancy notice on the applicant terminating her tenancy due to non-recognized status and illegal occupation. The applicant opposed the notice and filed a reference.
Issues
- Whether the respondent's termination notice is valid
- Whether the applicant should vacate the premises
- Whether the applicant should pay mesne profits and costs
Reasoning
The court found the respondent's notice valid and the applicant's continued occupation illegal.
Outcome
Appeal upheld
Orders
- The applicant shall vacate the premises by May 31, 2022
- The applicant shall pay Kshs.40,000 in mesne profits
- The applicant shall pay Kshs.10,000 in costs
Remedies
- Eviction by a licensed auctioneer with police security
- Payment of mesne profits and costs
Authorities cited
Legislation (1)
- Section 12 (1) (e ) of Cap. 301, 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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