Plural Enterprises Limited v Victor Wambugu [2022] KEBPRT 58 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 58
- Citation
- [2022] KEBPRT 58 (KLR)
- Decided
- 24 February 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeEvictionPostureApplication for evictionCoramHON. GAKUHI CHEGE, VICE CHAIR, BUSINESS PREMISES RENT TRIBUNAL
Holding
The landlord is entitled to an order for immediate delivery of vacant possession and costs.
Facts
The landlord issued a notice of termination of tenancy on May 27, 2021, and the tenant failed to vacate the premises. The landlord subsequently filed proceedings for an order of vacant possession.
Issues
- Tenant's right to continue occupying the premises
- Validity of the notice of termination
Reasoning
The court found that the notice of termination was valid and that the tenant continued to occupy the premises after the notice took effect. The court awarded mesne profits and costs to the landlord.
Outcome
Tenant loses
Orders
- Immediate delivery of vacant possession
- Eviction through a licensed auctioneer
- Security provided by OCS, Nyahururu Police Station
- Award of Kshs.30,000/- in costs
Remedies
- Eviction of the tenant
- Award of mesne profits
Authorities cited
Legislation (1)
- Civil Procedure Act, Cap. 21, Laws of Kenya
Cases cited (2)
- Attorney General vs Halal Meat Products Limited (2016) eKLR
- Rajan Shah t/a Rajan S Shah & Partners vs Bipin P. Shah (2016) 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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