Ideal Locations Limited v Mutavvej (Tribunal Case E152 of 2023) [2024] KEBPRT 1114 (KLR) (17 July 2024) (Judgment)
- Court
- Business Premises Rent Tribunal
- Case number
- 1114
- Citation
- [2024] KEBPRT 1114 (KLR)
- Decided
- 17 July 2024
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TypeLandlord and Tenant DisputePostureAppeal from a decision to terminate a tenancyCoramHON. NDEGWA WAHOME, HON. JOYCE MURIGI
Holding
The court upholds the landlord's notice of termination and dismisses the tenant's reference.
Facts
The tenant, Ideal Locations Limited, was served with a notice of termination of tenancy dated 15th June 2023 by the landlord, Samier Mohamedraza Mutavvej. The notice was based on the tenant's alleged persistent rent arrears and breaches of obligations.
Issues
- Whether the landlord's notice of termination dated 15/6/2023 is lawful.
- Who should bear the costs of the suit.
Reasoning
The court found that the notice was compliant with the Landlord and Tenant (Shops, Hotels and Catering Establishments Act) and that the tenant was persistently in arrears of rent.
Outcome
The tenant's reference is dismissed, and the landlord's notice of termination is upheld.
Orders
- Tenant's reference dated 3/8/2023 is dismissed.
- Landlord's notice of termination dated 15/6/2023 is upheld.
- Tenant to settle all arrears and vacate premises by 15/8/2024 or earlier.
- Landlord to be awarded costs of Kshs 20,000.
- Tenant to vacate premises if not voluntarily by landlord's costs.
Remedies
- Termination of tenancy and eviction if tenant does not vacate voluntarily.
- Settlement of arrears and utility bills by tenant.
Authorities cited
Legislation (2)
- Landlord and Tenant (Shops, Hotels and Catering Establishments Act) Cap. 301
- Civil Procedure Act
Cases cited (2)
- Nanyuki Equator Savings and Credit Co-operative Society Ltd v Jane Nyawira Kiama (2017) eKLR
- Samuel Kipkorir Ngeno & another v Local authorities Pension Trust (Registered Trustees) and another (2013) 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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