Ndungu v Wanjohi (Tribunal Case E077 of 2022) [2022] KEBPRT 866 (KLR) (Civ) (22 December 2022) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 866
- Citation
- [2022] KEBPRT 866 (KLR)
- Decided
- 22 December 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLandlord and Tenant DisputePostureAppeal from a ruling dismissing tenant's reference and motion applicationCoramHON A. MUMA, VICE CHAIR
Holding
Tenant's reference and motion application are dismissed. Landlord is allowed to issue a fresh termination notice.
Facts
Tenant was evicted by landlord on June 10, 2022, and landlord issued a termination notice dated June 28, 2022. Tenant filed a reference and motion application seeking interim reliefs.
Issues
- Whether the termination of the tenancy by the landlord was lawful?
- Whether the landlord issued a notice of termination in accordance with the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act
Reasoning
The landlord issued a termination notice dated June 28, 2022, which was not in accordance with the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, which requires a notice of not less than two months.
Outcome
Tenant's reference and motion application are dismissed.
Orders
- Landlord is at liberty to issue a fresh termination notice in clear and unequivocal terms.
- Tenant to continue paying rent each subsequent month as agreed.
- Tenant to bear costs assessed at Ksh 10,000/-
Authorities cited
Legislation (1)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, Chapter 301 of the Laws of Kenya
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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