Wambura v Morumbwa (Tribunal Case E143 of 2023) [2023] KEBPRT 1200 (KLR) (13 November 2023) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 1200
- Citation
- [2023] KEBPRT 1200 (KLR)
- Decided
- 13 November 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeTribunal CasePostureApplication to enforce Notice of TerminationCoramHON. MIKE MAKORI (MR.) - MEMBER
Holding
The Notice of Termination is not enforceable due to non-compliance with the formal requirements and the stipulated timelines.
Facts
The landlord issued a Notice of Termination dated 21/6/2023 to the tenant, which was to take effect on 1/9/2023. The tenant filed a Notice of Preliminary Objection and a Replying Affidavit.
Issues
- Whether the Notice of Termination dated 21/6/2023 is enforceable
- Formal requirements of a notice for termination of a tenancy agreement
Reasoning
The notice was not in the prescribed form and did not specify the grounds for termination, duration, and the requirement for the tenant to respond within one month.
Outcome
The application is dismissed with costs.
Orders
- The Notice of Preliminary Objection succeeds in its entirety.
- The Notice of Motion application is dismissed with costs.
- The tenant is ordered to comply with the terms of the tenancy agreement, and the landlord is at liberty to issue a fresh notice if necessary.
Authorities cited
Legislation (2)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act Cap 301 Laws of Kenya
- Landlord and Tenant (Shops, Hotels and Catering Establishments) (Tribunal) (Forms and Procedure) Regulations, 1966
Cases cited (1)
- Munaver N Alibhai T/A Diani Boutique v South Coast Fitness & Sports Centre Limited [1995] eKLR
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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