Kaburu v Kanyiru (Tribunal Case E015 of 2021) [2022] KEBPRT 194 (KLR) (Civ) (26 July 2022) (Judgment)
- Court
- Business Premises Rent Tribunal
- Case number
- 194
- Citation
- [2022] KEBPRT 194 (KLR)
- Decided
- 26 July 2022
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TypeCivilPostureTenant's reference dismissed with costs, landlord's notice to terminate tenancy upheldCoramHON. GAKUHI CHEGE, VICE CHAIR, BUSINESS PREMISES RENT TRIBUNAL
Holding
Tenant's reference is dismissed with costs. Landlord's notice to terminate tenancy is valid. Tenant's occupation of the plot is terminated. Tenant shall pay all rent in arrears and costs to landlord.
Facts
Landlord issued a tenancy notice to terminate tenant's tenancy over Plot no. 3364 Kiengu Market due to non-payment of rent from July 2021 to October 2021. Tenant claimed to have bought the plot from the late Jacob Mwambia.
Issues
- Tenant's claim of ownership of the suit premises
- Tenant's non-payment of rent
Reasoning
Tenant's claim of ownership is questionable and unproved. Tenant's non-payment of rent for a period of two months after becoming the owner is sufficient grounds for termination of tenancy.
Outcome
Tenant's reference dismissed with costs
Orders
- Tenant's reference dismissed with costs
- Landlord's notice to terminate tenancy upheld
- Tenant's occupation of plot terminated
- Tenant shall pay all rent in arrears and costs to landlord
Remedies
- Termination of tenancy
- Payment of rent in arrears
- Payment of costs to landlord
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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