Alduchira Investment Company Ltd v Borabu Trading Company Ltd (Tribunal Case E041 & E028 of 2022 (Consolidated)) [2022] KEBPRT 870 (KLR) (Commercial and Tax) (20 December 2022) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 870
- Citation
- [2022] KEBPRT 870 (KLR)
- Decided
- 20 December 2022
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TypeCommercial and TaxPostureTenant's references and application dismissed; landlord's application upheldCoramHON A. MUMA, VICE CHAIR
Holding
The notice issued by the landlord dated May 20, 2022 is hereby declared valid.
Facts
The landlord issued a notice to terminate the tenancy on May 20, 2022, which was to take effect on August 1, 2022. The tenant opposed the notice and filed references and applications.
Issues
- Whether the termination notice issued by the landlord was valid?
- Whether the landlord's intention to demolish and reconstruct the premises was valid
Reasoning
The notice complies with the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, requiring a notice of at least two months.
Outcome
The landlord's application is upheld, and the tenant is ordered to grant vacant possession within 30 days.
Orders
- The notice issued by the landlord dated May 20, 2022 is declared valid.
- The tenant shall grant the landlord vacant possession of the premises within 30 days.
- The landlord shall have costs assessed at Ksh 40,000/-
Authorities cited
Legislation (1)
- 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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