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Homeplus Realtors Limited & another v Wangui & 2 others (Tribunal Case E295 of 2023 & E778 of 2022 (Consolidated)) [2023] KEBPRT 367 (KLR) (17 March 2023) (Judgment)

[2023] KEBPRT 367 (KLR) Business Premises Rent Tribunal
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Court
Business Premises Rent Tribunal
Case number
367
Citation
[2023] KEBPRT 367 (KLR)
Decided
17 March 2023
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLandlord Tenant DisputePostureAppeal from a previous decisionCoramA. Muma
Holding

The Landlord’s Application dated 17th March 2023 is hereby allowed in Terms of prayers 2 and 3.

Facts

The landlord served a notice to terminate the tenancy on the tenant, who then filed a reference against the landlord. The landlord and tenant also filed a reference and application seeking to take immediate vacant possession of the premises.

Issues

  1. Whether the Notice issued by the Landlord to terminate tenancy is valid?
  2. Whether there is a Landlord Tenant relationship?

Reasoning

The tenant defaulted in paying rent for a period of two months, and the landlord had already initiated a suit to distress for rent.

Outcome

The landlord's application was allowed.

Orders

  • The upshot is that the Landlord’s Application dated 17th March 2023 is hereby allowed in Terms of prayers 2 and 3.
  • Each party shall bear their own Costs.
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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