Dirie & Sons Company Limited v Bura Ranch (DA) Company Limited (Tribunal Case 35 of 2021) [2023] KEBPRT 199 (KLR) (Civ) (11 April 2023) (Judgment)
- Court
- Business Premises Rent Tribunal
- Case number
- 199
- Citation
- [2023] KEBPRT 199 (KLR)
- Decided
- 11 April 2023
The Tribunal declares the Notice to Terminate valid and orders the tenant to hand over vacant possession to the landlord by May 30, 2023.
Facts
The tenant and landlord entered into a tenancy agreement for a period of ten years, which was later extended for five years. The landlord served a notice to terminate the tenancy on November 26, 2020, demanding the tenant to hand over the premises by June 1, 2021. The tenant filed a Reference and Notice of Motion Application seeking restraining orders.
Issues
- Whether the Notice to Terminate tenancy issued by the Landlord is legal and should be upheld?
Reasoning
The Tribunal upholds the notice as legal under the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, as the landlord provided the required notice in the prescribed form.
Outcome
The tenant's application is dismissed, and the landlord's notice is upheld.
Orders
- The Notice issued by the Landlord dated November 26, 2020 is hereby declared valid.
- The tenant shall hand over vacant possession to the landlord on or before May 30, 2023 OCS Mwatete Police Station.
- Each party shall bear their own Costs.
Authorities cited
Legislation (1)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act Cap 301
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