Purity Violet Nyambura & Robert Njuguna Suing as Personal Representatives of the Estate of Susan Njeri Maina v Francis Munyi Ndiritu [2022] KEBPRT 56 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 56
- Citation
- [2022] KEBPRT 56 (KLR)
- Decided
- 3 March 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLandlord and Tenant DisputePostureRuling on Reference and Notice of MotionCoramHON A. MUMA, VICE CHAIR, BUSINESS PREMISES RENT TRIBUNAL
Holding
The tenancy relationship has irretrievably broken down, and the Landlord's application is allowed.
Facts
The Landlady and Tenant entered into a tenancy agreement and a subsequent agreement. The Tenant incurred Kshs. 140,000.00 for building a stall, which was to be deducted from rent for 17 months. The Landlady filed a reference and notice of motion seeking to break into the premises and evict the Tenant.
Issues
- Determination of rent payable in a controlled tenancy
- Investigation of complaints related to a controlled tenancy
- Perpetual non-payment of rent
Reasoning
The Tribunal determined that the rental dispute culminated in earlier cases and that the Landlady's actions led to the breakdown of the tenancy. The Tribunal also found that the Tenant had not paid rent as evidenced by earlier cases.
Outcome
The Landlord's application is allowed, and the tenancy relationship is terminated.
Orders
- The Landlord's application is allowed.
- The Reference dated 6th March 2020 is compromised on similar terms.
- The Landlord shall have costs.
Remedies
- Termination of tenancy relationship
- Compensation for costs incurred by the Landlord
Authorities cited
Legislation (2)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act Chapter 301 Laws of Kenya
- Landlord and Tenant (Shops, Hotels and Catering Establishments) 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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