Aura v Okwara (Tribunal Case E082 of 2021) [2022] KEBPRT 801 (KLR) (Civ) (4 October 2022) (Judgment)
- Court
- Business Premises Rent Tribunal
- Case number
- 801
- Citation
- [2022] KEBPRT 801 (KLR)
- Decided
- 4 October 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a previous decisionCoramGAKUHI CHEGE, VICE CHAIR
Holding
The tenant's reference is allowed, and the landlord's notice is declared to be of no effect. The tenant is ordered to pay Kshs 10,000 in costs and continue paying rent as and when due.
Facts
The tenant owed rent of Kshs 7500 for 1 1/2 months, not Kshs 36,000 as stated in the landlord's notice. The tenant claimed he was in constant communication with the landlord via WhatsApp and had paid rent through his wife's bank account.
Issues
- Whether the landlord's notice to terminate the tenancy was valid
- The amount of rent owed by the tenant
Reasoning
The tenant provided evidence of regular rent payments and communication with the landlord, which contradicted the landlord's claim of arrears.
Outcome
Tenant's reference allowed, landlord's notice declared invalid
Orders
- Tenant's reference allowed
- Landlord's notice declared invalid
- Tenant pays Kshs 10,000 in costs
- Tenant continues paying rent
Remedies
- Costs awarded to tenant
- Tenant continues paying rent
Authorities cited
Legislation (1)
- Cap 301, Laws of Kenya (Landlord and Tenant Act)
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.
Loading judgment…