Mande v Mbiriri (Tribunal Case E064 of 2021) [2022] KEBPRT 698 (KLR) (Civ) (19 August 2022) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 698
- Citation
- [2022] KEBPRT 698 (KLR)
- Decided
- 19 August 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a previous decisionCoramHON. GAKUHI CHEGE, Kamau for the Landlord, Iddi for the Tenant
Holding
The tenancy notice is upheld, and the tenant is ordered to deliver vacant possession of the premises with immediate effect. The landlord is awarded costs of Kshs. 50,000/-.
Facts
The landlord issued a tenancy notice to terminate the tenant's lease due to arrears of Kshs. 240,000/-, citing the intention to use the premises for personal business. The tenant claimed the landlord refused to accept rent and that the rent increment was the reason for non-payment.
Issues
- Whether the landlord’s notice to terminate tenancy ought to be upheld or dismissed.
- Who is liable to pay costs of the reference?.
Reasoning
The tenant's failure to pay rent was not caused by the landlord's refusal to accept rent, and the landlord's intention to use the premises for personal business lacks evidence.
Outcome
The tenancy notice is upheld.
Orders
- The tenant shall deliver vacant possession of the suit premises known as Makongeni 'B' Hotel Busia Town with immediate effect.
- The landlord is awarded costs of Kshs 50,000/-.
Authorities cited
Legislation (1)
- 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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