Okallo v Baraza (Tribunal Case E085 of 2023) [2023] KEBPRT 696 (KLR) (1 December 2023) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 696
- Citation
- [2023] KEBPRT 696 (KLR)
- Decided
- 1 December 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeEviction CasePostureApplication for eviction dismissed; leave granted to issue proper notice of terminationCoramHON. JOYCE AKINYI OSODO, HON GAKUHI CHEGE
Holding
The application is dismissed, and the landlord is granted leave to issue a proper notice of termination of tenancy.
Facts
The tenant had unpaid rent for over 2 years despite constant reminders. The tenant claimed to have made significant improvements to the property.
Issues
- Whether the landlord is entitled to the orders sought in the application
- Who shall bear the costs of the application
Reasoning
The landlord failed to provide a valid notice for termination of the tenancy as required by the Landlord and Tenant Act.
Outcome
Application dismissed
Orders
- Application dismissed
- Leave granted to issue proper notice of termination
- Statements of rent account to be filed and exchanged
- Hearing of main reference on rent due to be done on merit
- Both parties to meet their own costs
Remedies
- Leave granted to issue proper notice of termination
Authorities cited
Legislation (1)
- Cap. 301, Laws of Kenya (Landlord and Tenant Act)
Cases cited (1)
- Manaver N Alibhai t/a Diani Boutique v 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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