Thuita v Njeri (Tribunal Case E726 of 2022) [2023] KEBPRT 37 (KLR) (30 January 2023) (Judgment)
- Court
- Business Premises Rent Tribunal
- Case number
- 37
- Citation
- [2023] KEBPRT 37 (KLR)
- Decided
- 30 January 2023
The landlord’s notice to terminate tenancy is dismissed, and the tenant is ordered to give up possession of the suit premises.
Facts
The landlord issued a notice to terminate the tenant's tenancy over plot no. B2, Kayole, with effect from 1st September 2022, citing personal reasons for not less than one year. The tenant opposed the notice and filed a reference, contesting the reason for termination and the landlord's intention to use the premises for personal reasons.
Issues
- Whether the landlord’s notice to terminate tenancy ought to be approved or dismissed.
- Who is liable to pay costs of the reference.
Reasoning
The court finds that the landlord's notice was not genuinely issued for personal reasons but rather to evict the tenant for refusing to increase rent. The landlord's intention to use the premises for personal business is not genuine, and the notice was precipitated by the tenant's refusal to increase rent.
Outcome
The landlord's notice to terminate tenancy is dismissed.
Orders
- The landlord’s notice to terminate tenancy is dismissed.
- The tenant is ordered to give up possession of the suit premises.
Remedies
- The tenant is ordered to give up possession of the suit premises.
Authorities cited
Legislation (3)
- Cap. 301, Laws of Kenya
- Section 4(2) of Cap. 301, Laws of Kenya
- Section 7(1) (g) of Cap. 301, Laws of Kenya
Cases cited (2)
- Kasturi Limited v Nyeri Wholesalers Limited (2014) eKLR
- Giella v Cassman Brown & Co. Ltd (1973) EA 358
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