Board of Directors of Divine Word Boys High School v Katani Medical Centre (Tribunal Case E263 of 2022) [2022] KEBPRT 682 (KLR) (5 September 2022) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 682
- Citation
- [2022] KEBPRT 682 (KLR)
- Decided
- 5 September 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeTribunal CasePostureReference and Application for Termination of TenancyCoramGAKUHI CHEGE, VICE CHAIR
Holding
The landlord has failed to prove service of notice to terminate tenancy, thus is not entitled to the reliefs sought.
Facts
The landlord sought to terminate the tenant's tenancy due to expansion plans, but the tenant denied receiving any notice. The landlord provided a notice dated 1st June 2021, but it was not in the prescribed form and not uploaded on the CTS Portal.
Issues
- Whether the landlord served notice to terminate tenancy under section 4 of Cap. 301, Laws of Kenya.
- Whether the landlord is entitled to the reliefs sought in the reference and application dated 14th March 2022.
- Who is liable to pay costs.
Reasoning
The landlord's notice was not in the prescribed form and not uploaded on the CTS Portal, making it defective. The tenant denied receiving any notice, and the landlord failed to prove service.
Outcome
The landlord's reference and application dated 14th March 2022 is hereby dismissed with costs.
Orders
- The landlord's reference and application dated 14th March 2022 is hereby dismissed with costs.
- The tenant's costs against the landlord is assessed in the sum of Kshs.25,000/- all inclusive to be defrayed against rent account if not paid within Thirty (30) days hereof.
Authorities cited
Legislation (3)
- Cap. 301, Laws of Kenya
- Cap. 80, Evidence Act
- Land Act, 2012
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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