Emmah v Mepukori (Tribunal Case E858 of 2022) [2023] KEBPRT 366 (KLR) (Civ) (8 June 2023) (Judgment)
- Court
- Business Premises Rent Tribunal
- Case number
- 366
- Citation
- [2023] KEBPRT 366 (KLR)
- Decided
- 8 June 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLandlord and Tenant DisputePostureTenant filed a reference challenging the Landlord's notice to terminate the tenancyCoramHON A. MUMA, VICE CHAIR
Holding
The Tenant's reference dated September 27, 2022 is hereby dismissed
Facts
The Tenant filed a reference dated September 27, 2022, opposing the Landlord's Notice to terminate the tenancy dated July 27, 2022, which was to take effect from October 1, 2022.
Issues
- Whether the Landlord's notice of termination of Tenancy dated July 27, 2022 is valid?
Reasoning
The notice was not given in the prescribed form and did not take effect within two months from the date of receipt by the Tenant.
Outcome
The Tenant shall grant the Landlord vacant possession of the premises on or before June 30, 2023, failure to which the landlord is at liberty to reclaim the suit premises through break in with the assistance of Rongai Police.
Orders
- The tenant’s reference dated September 27, 2022 is hereby dismissed
- The tenant shall grant the Landlord vacant possession of the premises on or before June 30, 2023
- Each party shall bear their own costs
Remedies
- Vacant possession of the premises
Authorities cited
Legislation (1)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act Chapter 301 Laws of Kenya
Cases cited (1)
- Manaver N Alibhai T/A Diani Boutique vs South Coast Fitness & Sports Centre Limited, Civil Appeal No. 203 of 1994
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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