Katuga & Company Advocates v Nairobi Homes Limited (Tribunal Case E187 of 2023) [2024] KEBPRT 406 (KLR) (30 January 2024) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 406
- Citation
- [2024] KEBPRT 406 (KLR)
- Decided
- 30 January 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLandlord and Tenant DisputePostureTenant's Motion to Reassess Rent Arrears DismissedCoramHON. MIKE MAKORI - MEMBER
Holding
Tribunal dismisses tenant's reference and orders tenant to pay rent arrears if any, and each party to bear their own costs
Facts
Tenant filed an application for reassessment of rent arrears and terms of tenancy, while landlord claimed the notice to terminate the tenancy was issued legally and sent a demand letter.
Issues
- Validity of notice to terminate tenancy
- Amount of rent arrears
Reasoning
Tribunal found it difficult to determine the validity of the notice due to lack of submission, and the amount of rent arrears due to lack of clear documentation.
Outcome
Tenant's motion dismissed
Orders
- Application dismissed
- Tenant to pay rent arrears if any
- Each party to bear their own costs
Authorities cited
Legislation (2)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act cap 301 Laws of Kenya
- Landlord and Tenant (Shops, Hotels and Catering Establishments) (Tribunal) (Forms and Procedure) Regulations, 1966
Cases cited (1)
- Munaver N Alibhai T/A Diani Boutique v South Coast Fitness & Sports Centre Limited [1995] 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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