Namuiseyi v Mukoyani (Tribunal Case . E081 of 2021) [2023] KEBPRT 30 (KLR) (Civ) (30 January 2023) (Judgment)
- Court
- Business Premises Rent Tribunal
- Case number
- 30
- Citation
- [2023] KEBPRT 30 (KLR)
- Decided
- 30 January 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeBusiness Premises Rent DisputePostureTenant's ReferenceCoramHON. GAKUHI CHEGE, VICE CHAIR
Holding
The landlord's notice to terminate the tenancy is approved, and the tenant is ordered to deliver vacant possession and pay rent arrears of Kshs.83,050.
Facts
The landlord served a notice to terminate the tenant's tenancy over business premises, citing rent arrears of Kshs.45,000. The tenant filed a reference, and both parties submitted evidence and witness statements.
Issues
- Whether the tenant owed rent arrears
- Whether the landlord's notice to terminate the tenancy was valid
Reasoning
The landlord's rent account statement and evidence from the landlord's Mpesa statements proved the tenant's irregular and persistent rent payments.
Outcome
Tenant loses, landlord wins
Orders
- Tenant's tenancy is terminated
- Tenant to deliver vacant possession
- Tenant to pay Kshs.83,050 in rent arrears
- Landlord to use lawful means to recover the arrears
- Landlord to be awarded Kshs.15,000 in costs
Remedies
- Vacant possession
- Payment of rent arrears
- Award of costs
Authorities cited
Legislation (2)
- Evidence Act, Cap. 80
- Civil Procedure Rules
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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