Pemu Engineering & Equipment Limited v Kithino Housing Co-op Society Ltd & another (Tribunal Case E527 of 2021) [2022] KEBPRT 880 (KLR) (Civ) (13 December 2022) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 880
- Citation
- [2022] KEBPRT 880 (KLR)
- Decided
- 13 December 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLandlord and Tenant DisputePostureTenant's Application to Terminate TenancyCoramGAKUHI CHEGE, VICE CHAIR
Holding
The landlord's application is disallowed. The tenant shall pay Kshs 958,000 as rent due after September 30, 2022 to December 31, 2022. The landlord shall pay Kshs 20,000 as costs to the tenant.
Facts
The landlord claimed the tenant owed rent of Kshs 1,200,000 and had defaulted since September 2021. The tenant denied owing the full amount and claimed to have overpaid by Kshs 542,000 as of July 2022.
Issues
- Whether to grant the landlord's application to terminate the tenancy
- Who is liable to pay costs
Reasoning
The landlord failed to provide reconciled accounts, and the tenant's overpayment was insufficient to cover the full period. The tenancy cannot be terminated without proper notice.
Outcome
The landlord's application is denied.
Orders
- The landlord's application is disallowed.
- The tenant shall pay Kshs 958,000 as rent due after September 30, 2022 to December 31, 2022.
- The landlord shall pay Kshs 20,000 as costs to the tenant.
Remedies
- The tenant shall pay Kshs 958,000 as rent due after September 30, 2022 to December 31, 2022.
- The landlord shall pay Kshs 20,000 as costs to the tenant.
Authorities cited
Legislation (1)
- Landlord and Tenant (shops, Hotels and Catering Establishments) Act Cap 301 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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