Gathira & 2 others v Macharia & another (Tribunal Case E017 & E089 of 2023 (Consolidated)) [2023] KEBPRT 371 (KLR) (31 May 2023) (Judgment)
- Court
- Business Premises Rent Tribunal
- Case number
- 371
- Citation
- [2023] KEBPRT 371 (KLR)
- Decided
- 31 May 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEviction CasePostureAppeal from a previous decisionCoramHON. GAKUHI CHEGE - VICE CHAIR
Holding
The landlord's termination notice is dismissed, and the tenants are restrained from eviction and interference with their quiet use of the premises. The landlord is ordered to pay Kshs. 25,000 in costs.
Facts
The tenants claimed they were not in arrears and sought restraining orders against eviction. The landlord claimed he was terminating their tenancy due to non-payment of rent and personal business use.
Issues
- Whether the landlord's termination notice should be approved or dismissed
- Whether the tenants' application for restraining orders should be allowed or dismissed
- Who is liable to pay costs of the consolidated case
Reasoning
The court found the landlord's termination notice was not supported by evidence and was illegal. The tenants' application for restraining orders was granted.
Outcome
In favor of the tenants
Orders
- The landlord's Notice to Terminate Tenancy dated 28th November 2022 is hereby dismissed
- The Tenants' Application for injunction dated 5th January 2022 is hereby allowed
- The landlord is restrained from evicting the tenants or interfering with their quiet use of the premises
- The OCS, Kamukunji Police Station shall ensure compliance with the orders
- The landlord shall not be entitled to issue any other similar notice upon the tenants for 12 months
- The tenants are awarded costs of Kshs. 25,000 against the 1st Landlord/Respondent
Remedies
- Injunction to restrain eviction and interference with quiet use of the premises
Authorities cited
Legislation (1)
- Cap. 301, Laws of Kenya
Cases cited (2)
- Giella – vs- Cassman Brown & Co. Ltd (1973) EA 358
- Aikman & Others – vs- Muchoki & Others (1982) eKLR
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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