Kilonzo v Muathe (Tribunal Case E1102 of 2023) [2024] KEBPRT 359 (KLR) (22 March 2024) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 359
- Citation
- [2024] KEBPRT 359 (KLR)
- Decided
- 22 March 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLandlord and Tenant DisputePostureTenant's Application for Temporary Injunction and Other ReliefCoramJoyce Akinyi Osodo, Gakuhie Chege
Holding
The notice to terminate tenancy is invalid, and the tenant's application for temporary injunction is granted pending the hearing of the main reference.
Facts
The tenant, Patrick Muisyo Kilonzo, claims the landlord, John Muisyo Muathe, has been harassing and threatening to forcibly evict him despite his rent overpayment. The tenant filed an urgent application seeking a temporary injunction and other relief.
Issues
- Validity of the notice to terminate tenancy
- Tenant's entitlement to the orders sought
- Burden of proof
Reasoning
The notice to terminate tenancy is not in the prescribed form and was not served on the tenant. The burden of proof lies with the landlord to show he served the notice.
Outcome
The tenant's application is granted with conditions.
Orders
- Invalidity of the notice to terminate tenancy
- Temporary injunction pending the hearing of the main reference
- Proceeding by viva voce hearing
- Compliance with Order 11 of the Civil Procedure Rules
Remedies
- Temporary injunction to prevent eviction
Authorities cited
Legislation (2)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act Cap 301
- Evidence Act Cap 80
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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