Roseanne Wanjiru Mwangi v Hannah Muturi & another [2022] KEBPRT 83 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 83
- Citation
- [2022] KEBPRT 83 (KLR)
- Decided
- 4 February 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLandlord and Tenant DisputePostureApplication for restraining orders against landlord and agentCoramHON. GAKUHI CHEGE, MUGO FOR TENANT/APPLICANT, KEGODE FOR THE LANDLADY
Holding
The notice to vacate is invalid and the tenant is entitled to an injunction and costs.
Facts
Tenant inherited a boutique shop from her deceased mother and took over its management. Landlord served a notice to vacate, claiming the tenant was not a lawful tenant. Tenant filed a reference complaint.
Issues
- Whether there exists a landlord/tenant relationship
- Whether the tenant is entitled to the reliefs claimed
- Who is liable to pay costs of the suit
Reasoning
The notice to vacate was not issued in accordance with the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, and the tenant is entitled to an injunction due to the imminent risk of illegal eviction.
Outcome
Application allowed, notice to vacate dismissed, injunction granted
Orders
- Application allowed
- Notice to vacate dismissed
- Tenant continues to pay rent
- OCS Kayole Police Station and local administration to ensure compliance
- Costs awarded to tenant
Remedies
- Injunction
- Costs awarded to tenant
Authorities cited
Legislation (1)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act cap. 301, Laws of Kenya
Cases cited (1)
- Kwality Candies & Sweet Ltd – vs- Industrial Development Bank Ltd (2005) e KLR
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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