Roofspec & Allied Works Limited v Jozo Limited (Tribunal Case E738 of 2022) [2023] KEBPRT 8 (KLR) (20 January 2023) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 8
- Citation
- [2023] KEBPRT 8 (KLR)
- Decided
- 20 January 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLandlord and Tenant DisputePostureAppeal from a previous rulingCoramA. Muma
Holding
The tenant's reference and application are dismissed, the landlord's notice is declared valid and duly served, and the tenant is ordered to pay arrears by January 31, 2023.
Facts
The tenant filed a reference and motion application seeking to restrain the landlord from disposing of auctioned goods. The landlord disputed the validity of the notice and claimed the tenant was in arrears.
Issues
- Whether the Notice was valid and duly served?
- Whether the tenant was in arrears
Reasoning
The landlord provided evidence of a notice dated March 28, 2022, which was served through a certificate of posting, and the tenant's claim of not being served a notice to terminate was not supported.
Outcome
Appeal upheld
Orders
- Tenant's reference and application dismissed
- Landlord's notice declared valid and duly served
- Tenant to pay arrears by January 31, 2023
- Landlord to take back vacant possession in 30 days
- No orders as to costs
Authorities cited
Legislation (1)
- Landlords and Tenants (Shops, Hotels and Catering) Establishments Act, cap 301
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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