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Satya Anand t/a Satya Hotel Limited v Ajit Kumar Baruah (The Executor of the Estate of the Late Malti Devi Bachan Singh) [2022] KEBPRT 67 (KLR)

[2022] KEBPRT 67 (KLR) Business Premises Rent Tribunal
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Court
Business Premises Rent Tribunal
Case number
67
Citation
[2022] KEBPRT 67 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeRent DisputePostureAppeal from a previous decisionCoramNot explicitly named in the text
Holding

The reasonable rent for the suit premises is KShs. 15,000.00/- per month.

Facts

The Tenant/Applicant, Satya Anand t/a Satya Hotel Limited, has been renting the suit premises from the Landlord/Respondent, Dr. Ajit Kumar Baruah (Executor of the Estate of the Late Malti Devi Bachan Singh), since about thirty years. The Landlord sought to increase the monthly rent from KShs. 6,000.00/- to KShs. 50,000.00/-.

Issues

  1. What is the reasonable rent payable for the suit premises?

Reasoning

The Tribunal considered the terms of the tenancy agreement, the rent at which the premises might reasonably be expected to be let in the open market, and other relevant factors such as the age of the building, market locality, and amenities provided by the landlord.

Outcome

The Landlord's request to increase the rent was partially granted.

Orders

  • The rent for the suit premises is increased to KShs. 15,000.00/- per month.

Authorities cited

Legislation (2)
  • Landlords and Tenant (Shops, Hotels and Catering Establishments) Cap 301 Laws of Kenya
  • Landlords and Tenant (Shops, Hotels and Catering Establishments (Tribunal) (Forms & Procedure) Regulations 1966
Cases cited (2)
  • Njoroge Ndurugu & Others (T/A Ngamini Bar & Restaurant) v Alykah Investments Limited, [2015], ELC. Appeal Case No. 5 of 2014
  • Cleaners Limited –vs- Barclays Bank DCO [1972] EA 188
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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