Chuchu v Muthoni (Tribunal Case E750 of 2023) [2023] KEBPRT 1173 (KLR) (Civ) (18 December 2023) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 1173
- Citation
- [2023] KEBPRT 1173 (KLR)
- Decided
- 18 December 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication and ReferenceCoramHON. NDEGWA WAHOME, MBS - MEMBER
Holding
The termination notice dated 03.08.2023 is declared unlawful, null and void ab initio and of no consequence.
Facts
The tenant, Stephen Kimani Chuchu, challenged the landlord, Esther Muthoni, regarding a termination notice dated 03.08.2023, claiming it was unlawful. The tenant also sought orders to restrain the landlord from interfering with his occupancy of the demised premises. The landlord claimed the termination notice was lawful, citing rent arrears and the tenant's behavior.
Issues
- Whether the Landlord’s termination notice dated 03.08.2023 is lawful.
- Whether the Tenant is in any rent arrears.
- Who should bear the costs of the Reference and Application.
Reasoning
The notice was not in the prescribed form and did not specify the ground for termination. The tenant did not owe rent in arrears.
Outcome
The tenant is awarded costs of Kshs. 10,000/= to be offset from rent payable to the landlord.
Orders
- The termination notice dated 03.08.2023 is declared unlawful, null and void ab initio and of no consequence.
- Both parties shall reconcile their respective rental accounts and the tenant shall pay any rent in arrears if full within thirty (30) days.
- The tenant is awarded costs of Kshs. 10,000/= to be offset from rent payable to the landlord.
Remedies
- Reconciliation of rental accounts
- Payment of rent in arrears if any
Authorities cited
Legislation (1)
- Civil Procedure Act
Cases cited (2)
- Fredrick Mutua Mulinge t/a Kitui Uniform v Kitui v Kitui Teachers Housing Sacco Society Ltd [2017] eKLR
- Manver N. Alibhai t/a Dami Boutique v South East Fitness & Sports Centre Limited Civil Appeal No. 203 of 1994
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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