Abdulkadir & another v Billel (Tribunal Case 261 & 262 of 2020 (Consolidated)) [2022] KEBPRT 253 (KLR) (Civ) (15 July 2022) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 253
- Citation
- [2022] KEBPRT 253 (KLR)
- Decided
- 15 July 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeBusiness Premises Rent TribunalPostureAppeal from original trialCoramGAKUHI CHEGE, VICE CHAIR
Holding
The landlord is not entitled to increase rent beyond what is expressed in the tenancy notices and the rent increment shall take effect from 1st January 2022.
Facts
The landlord issued tenancy notices to increase rent for two business premises in Lamu, Kenya. The tenants filed references opposing the rent increase.
Issues
- Whether the landlord is entitled to increase rent beyond what is expressed in the tenancy notices.
- What the fair market rent should be for the business premises.
Reasoning
The court considered the valuations and held that the landlord's rent increment is unjustified due to the adverse economic conditions caused by the pandemic.
Outcome
The tenancy notices are upheld, and the rent is increased as per the notices.
Orders
- The monthly rent for Mohamed Abdulkadir is increased to Kshs.10,000/- with effect from 1st January 2022.
- The monthly rent for Badawi Ali Billel is increased to Kshs.15,000/- with effect from 1st January 2022.
Authorities cited
Legislation (1)
- Cap. 301, Laws of Kenya
Cases cited (2)
- Birindelli Sighns Limited v The Pioneer General Assurance Society (2007) eKLR
- Mohamed Noor & 23 Others v Seif Binsaid Properties Ltd (2020) eKLR
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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