Mrema v Olivejoy Care Estates Property Managers Ltd (Tribunal Case E030 of 2021) [2022] KEBPRT 877 (KLR) (17 November 2022) (Judgment)
- Court
- Business Premises Rent Tribunal
- Case number
- 877
- Citation
- [2022] KEBPRT 877 (KLR)
- Decided
- 17 November 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeTribunal CasePostureRespondent seeks to terminate tenancy, tenant seeks restraining orders and status quo orderCoramGAKUHI CHEGE, VICE CHAIR
Holding
The landlord's notice to terminate tenancy is approved and the tenant is ordered to vacate the premises.
Facts
Respondent seeks to terminate tenancy citing breach of tenancy by converting common area for social gatherings, consuming alcohol, and disrupting peace. Tenant moved for restraining orders and status quo order.
Issues
- Whether the landlord's notice to terminate tenancy is upheld or dismissed.
- Who is liable to pay costs of the reference.
Reasoning
The tenant's breach of tenancy is established through CCTV footage and demand letters. The grounds for termination are not based on section 7(1) of cap 301 but are allowed under section 7(1)(a) as 'may be such of the following grounds'.
Outcome
Tenant's tenancy notice is upheld, tenant must vacate the premises.
Orders
- The landlord's notice to terminate tenancy dated March 25, 2021 is approved.
- Tenant shall vacate the suit premises.
- Temporary injunction orders are discharged.
- Costs of the reference assessed at Kshs 30,000.00 awarded to the landlord against the tenant.
Remedies
- Tenant must vacate the premises.
- Costs awarded to the landlord.
Authorities cited
Legislation (2)
- Cap 301 Laws of Kenya
- Civil Procedure Rules, 2010
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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