Otieno v Ogaga (Tribunal Case E004 of 2022) [2023] KEBPRT 1212 (KLR) (23 May 2023) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 1212
- Citation
- [2023] KEBPRT 1212 (KLR)
- Decided
- 23 May 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeTribunal CasePostureAppeal from a decision to terminate a tenancyCoramHON. CYPRINA MUGAMBI
Holding
The landlord's notice to terminate the tenancy is valid and proper
Facts
Millicent Otieno was the tenant of Charles Obondi Ogaga's business premises. The landlord issued a notice to terminate the tenancy on December 3, 2021, citing the need for massive renovations and repairs. The tenant filed a reference to the Tribunal.
Issues
- Whether the landlord has issued a valid notice to terminate the tenancy
- Whether the landlord's notice should be approved or upheld
Reasoning
The landlord's notice was issued under Section 4(2) of Cap 301 and satisfies the requirements of Section 4(4) and 4(5). The landlord's intention to carry out massive renovations was not established.
Outcome
The tenancy notice dated 3.12.2021 is of no effect, and the tenant's reference is allowed.
Orders
- The tenancy notice dated 3.12.2021 shall be of no effect
- The tenant's reference dated 3.1.2022 is allowed
- The landlord shall bear the costs of the reference assessed at Kshs. 30,000/= which the tenant shall be at liberty to deduct from the rent unless the landlord pays the same
Authorities cited
Legislation (1)
- Cap 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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