James Wasonga Ouma t/a The Black Comb v Ntuntu & another (Tribunal Case E1079 of 2022) [2023] KEBPRT 80 (KLR) (17 March 2023) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 80
- Citation
- [2023] KEBPRT 80 (KLR)
- Decided
- 17 March 2023
The application is allowed with costs, and the landlord is restrained from interfering with the tenant's use and possession of the business premises. The notices are declared invalid and set aside. The landlord is directed to accept monthly rent and deposit arrears with the Tribunal.
Facts
The tenant and landlord entered into a lease agreement for a business premises. The tenant alleged that the landlord interfered with his tenancy by disconnecting electricity, chasing clients, and locking the business premises. The landlord denied these allegations and claimed the tenant had vacated the premises by October 31, 2022.
Issues
- Validity of notices served by the landlord
- Merit of the tenant's complaint and application
- Costs of the case
Reasoning
The Tribunal found the notices invalid and declared them set aside due to lack of compliance with the prescribed form. The landlord's interference with the tenant's tenancy was found to be unjustified.
Outcome
Tenant's application allowed with costs
Orders
- Application allowed with costs
- Landlord restrained from interfering with tenant's use and possession
- Notices declared invalid and set aside
- Landlord directed to accept monthly rent and deposit arrears
- Tenant awarded Kshs 25,000/- in costs
Remedies
- Restraint from interference with tenant's use and possession
- Invalidation of notices
- Deposit of arrears with the Tribunal
Authorities cited
Legislation (2)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, Cap 301, Laws of Kenya
- Evidence Act, Cap 80, Laws of Kenya
Cases cited (1)
- Giella vs Cassman Brown & Co Ltd (1973) EA 358
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