Lisa Werner v Stephen Mboya & 2 others [2022] KEBPRT 8 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 8
- Citation
- [2022] KEBPRT 8 (KLR)
- Decided
- 25 March 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeTribunal CasePostureTenant's applications for interim and final orders against landlord and agent
Holding
Tenant's applications are allowed, landlord must serve a proper notice under Cap. 301, Laws of Kenya
Facts
Tenant filed applications for injunctive relief against landlord and agent, alleging threats of eviction and illegal notice. Landlord opposed, claiming tenant's illegal sale of alcohol and obstruction of other tenants.
Issues
- Whether tenant is entitled to the orders sought
- Who is liable to pay costs
Reasoning
Tenant's notice to vacate was invalid, landlord had legal obligation to issue prescribed notice. Tenant faced imminent eviction and was entitled to protection.
Outcome
Tenant's applications allowed
Orders
- Allowing application dated 26th November 2021 in terms of prayers 3 and 4 until tenancy is lawfully terminated
- Allowing landlord to serve proper notice under Cap. 301, Laws of Kenya
Remedies
- Proper notice to tenant
Authorities cited
Legislation (1)
- Cap. 301, Laws of Kenya
Cases cited (1)
- Giella vs Cassman Brown & Co. Ltd (1973) EA 358
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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