Lee Owen Madara t/a First Sunshine Limited v Jacquelyne Sagimo James & 3 others [2022] KEBPRT 25 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 25
- Citation
- [2022] KEBPRT 25 (KLR)
- Decided
- 23 March 2022
The application is not incompetent and the notices are declared to be of no legal effect. The applicant is entitled to a quia timet injunction and the notices are declared defective, null, and void.
Facts
The tenant, Lee Owen Madara, has been a tenant for over 11 years and runs a garage business. He received two notices to vacate the land parcel, one on March 1, 2021, and another on April 1, 2021, from the respondents, who are the children of the late Olivia Sagimo.
Issues
- Whether the application is incompetent for lack of a reference
- Whether the applicant is entitled to the reliefs sought
- Who is liable to pay costs
Reasoning
The notices were defective for non-compliance with Section 4(2) of Cap. 301, Laws of Kenya. The applicant's fear of imminent eviction is well-founded due to the defective notices and previous distress.
Outcome
Interim orders granted, notices declared defective, null, and void, and costs assessed at Kshs.15,000/- granted to the applicant.
Orders
- An order of injunction issued in terms of prayer 2 of the application dated 10th August 2021.
- An order declaring the notices to vacate dated 1st March 2021 and 1st April 2021 as defective, null, and void.
- Costs of the application assessed at Kshs.15,000/- granted to the applicant/tenant.
Remedies
- Injunction
- Declaration of notices as defective, null, and void
Authorities cited
Legislation (2)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) (Tribunal) (Forms and procedure) Regulations
- Section 4(2) of Cap. 301, Laws of Kenya
Cases cited (4)
- Margaret Rachel Mbogo & Another vs Robert Njoka Muthara & Another (2021) eKLR
- Khadar Developers Limited vs Diamond Trust Bank Limited (2020) eKLR
- Industrial Development Bank Limited (2005) eKLR
- Craicola and Burgesses of Swansea (1927) LR 235
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