Peter Bodo Okal t/a Bodo General Hardware v Wycliffe Nyakundi of Befama House [2022] KEBPRT 73 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 73
- Citation
- [2022] KEBPRT 73 (KLR)
The notice of termination by the Landlord dated 4th March 2021 is not opposed. The notice of motion is dismissed as the orders of injunction cannot be granted without a valid reference opposing the Landlord's notice to terminate the tenancy.
Facts
The Tenant, Peter Bodo Okal, sought an injunction against the Landlord, Wycliffe Nyakundi, to prevent interference with the tenancy agreement and eviction from the premises. The Tenant claimed he was unable to respond to a termination notice due to changes in the filing system at the Tribunal.
Issues
- Validity of the termination notice
- Tenant's lawful occupation and rent arrears
- Construction of illegal structures by the Tenant
Reasoning
The notice of termination was found to be defective and the matter was finalized. The Tenant's reference was filed after the notice took effect, and no reference was filed as ordered by the Tribunal.
Outcome
The notice of motion is dismissed.
Orders
- Orders of injunction against the Landlord/Respondent
- Granting leave to the Tenant/Applicant to file reference out of time to the notice by the Landlord/Respondent dated 4th March 2021
Authorities cited
Legislation (1)
- Cap 301 of the Laws of Kenya
Loading judgment…