Kimathi v Nyaga & another (Tribunal Case 29 of 2021) [2022] KEBPRT 845 (KLR) (Civ) (21 November 2022) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 845
- Citation
- [2022] KEBPRT 845 (KLR)
- Decided
- 21 November 2022
AI Summary
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TypeCivilPostureAppeal from a final orderCoramHON A. MUMA, VICE CHAIR, BUSINESS PREMISES RENT TRIBUNAL
Holding
The tribunal finds that the parties have no claim against each other and each party shall bear their own costs
Facts
The tenant and landlord entered into a tenancy agreement for a period of three years. The landlord issued a verbal notice to increase rent, and the tenant filed a reference and notice of motion application. The tenant vacated the premises during the pendency of the suit.
Issues
- Whether the tenant is entitled to damages as a result of the termination of the tenancy
- Whether the landlord can alter the terms of the tenancy
Reasoning
The Landlord issued a verbal notice to increase rent, which the tenant did not accept. The tenant vacated the premises, and the tribunal determined that the parties have no claim against each other.
Outcome
The parties have no claim against each other and each party shall bear their own costs
Orders
- The amounts claimed by the parties reconcile
- Each party shall bear their own Costs
Authorities cited
Legislation (2)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act Chapter 301
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act Chapter 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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