Achieng v Masinde (Tribunal Case E052 of 2022) [2022] KEBPRT 723 (KLR) (Civ) (20 September 2022) (Judgment)
- Court
- Business Premises Rent Tribunal
- Case number
- 723
- Citation
- [2022] KEBPRT 723 (KLR)
- Decided
- 20 September 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a decision to terminate a tenancyCoramGAKUHI CHEGE
Holding
The landlord's tenancy notice is upheld, and the tenant's tenancy is terminated. The tenant must deliver vacant possession and pay costs.
Facts
The landlord served a tenancy notice to terminate the tenant's occupation of the suit premises due to plans to demolish semi-permanent structures and construct permanent ones. The tenant opposed the notice and filed a reference under section 6(1) of cap 301.
Issues
- Whether the landlord's tenancy notice should be upheld
- Whether the tenant should be evicted and pay costs
Reasoning
The rent inspector confirmed that the perimeter wall would interfere with the tenant's kiosk and that the toilet facilities were in bad condition. The landlord provided evidence of the construction plans and payment receipts.
Outcome
The landlord's tenancy notice is upheld, and the tenant is evicted.
Orders
- The landlord's tenancy notice is upheld
- The tenant is directed to deliver vacant possession
- The tenant is evicted by a licensed auctioneer
- The tenant pays Kshs 20,000 as costs
Remedies
- Eviction of the tenant
- Payment of costs
Authorities cited
Legislation (2)
- Civil Procedure Rules
- 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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