Kizia v Marowa (Tribunal Case E042 of 2024) [2024] KEBPRT 1789 (KLR) (13 December 2024) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 1789
- Citation
- [2024] KEBPRT 1789 (KLR)
- Decided
- 13 December 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEvictionPostureApplication for evictionCoramCYPRIAN MUGAMBI
Holding
The notice to terminate tenancy is approved, and the tenancy is terminated. The tenant must render vacant possession within 60 days, and the landlord is granted leave to evict the tenant using a licensed auctioneer.
Facts
The landlord served a notice to terminate the tenant's tenancy on March 6, 2024, and the tenant did not respond or file a reference to the tribunal. The tenant denied owing rent and provided Mpesa records of rent payments.
Issues
- Whether the landlord is entitled to the orders sought in the application
- Whether the tenant is in rent arrears
Reasoning
The notice was duly served, and the tenant did not file a reference to the tribunal. The tenant denied owing rent, and the landlord failed to prove rent arrears.
Outcome
Eviction granted
Orders
- Notice to terminate tenancy approved
- Tenancy terminated
- Tenant must render vacant possession within 60 days
- Landlord granted leave to evict tenant using a licensed auctioneer
- Tenant must continue to pay rent for 60 days
- Tenant bears costs of the suit
Remedies
- Eviction of the tenant
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.
Loading judgment…