Ondieki v Nyaboke; Moindi (Interested Party) (Tribunal Case 48 of 2013) [2023] KEBPRT 190 (KLR) (Civ) (24 March 2023) (Judgment)
- Court
- Business Premises Rent Tribunal
- Case number
- 190
- Citation
- [2023] KEBPRT 190 (KLR)
- Decided
- 24 March 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLandlord and Tenant DisputePostureAppeal from a previous decisionCoramHON A. MUMA
Holding
The reference is partially dismissed, with the tenant paying rent as and when it falls due and the landlady having costs.
Facts
The tenant filed a reference and Notice of Motion Application alleging no tenancy relationship, while the landlord claimed to have purchased the property in January 2013.
Issues
- existence of tenancy relationship
- validity of notice to terminate tenancy
Reasoning
The Tribunal found no tenancy relationship and dismissed the reference, but allowed the landlord to retain possession and rent collection rights.
Outcome
Partial dismissal of the tenant's reference
Orders
- Tenant to pay rent as and when it falls due
- Landlady to have costs
- Release of funds from Joint Interest Account to Landlady
Remedies
- Eviction if rent is not paid within 30 days
Authorities cited
Legislation (1)
- Landlords and Tenants (Shops, Hotels and Catering Establishments) Act 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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