Martin Njoroge & 2 others v Lydia Mumbua & 2 others (Tribunal Case E514 of 2022) [2022] KEBPRT 694 (KLR) (9 September 2022) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 694
- Citation
- [2022] KEBPRT 694 (KLR)
- Decided
- 9 September 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLandlord and Tenant DisputePostureAppeal from a previous rulingCoramHON A MUMA VICE CHAIR
Holding
The tenant's references and notice of motion application is dismissed, and the tenants are ordered to vacate the premises within 5 days.
Facts
The tenants (Martin Njoroge & 2 others) and landlords (Lydia Mumbua & 2 others) are in a dispute over the termination of their controlled tenancy agreement. The tenants moved the tribunal seeking a restraining order against the landlords, while the landlords filed a replying affidavit.
Issues
- whether the termination notice issued by the landlord is valid?
- whether the landlord has established grounds to warrant termination of the tenancies
Reasoning
The tribunal found the termination notice invalid due to the lack of compliance with the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act.
Outcome
The tenant's application is dismissed.
Orders
- The tenants shall vacate within 5 days after which the landlord shall have vacant possession of the premises to enable completion of the sale agreement dated May 11, 2022.
- OCS Pangani Police Station to ensure compliance.
- Each party shall bear their own costs.
Authorities cited
Legislation (2)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act Cap 301
- Landlords and Tenants (Shops, Hotels and Catering) Establishments Act Cap 301
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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