Macharia v Legal representative of the Estate of Kiriga Githuba & another (Tribunal Case E953 of 2023) [2024] KEBPRT 420 (KLR) (17 January 2024) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 420
- Citation
- [2024] KEBPRT 420 (KLR)
- Decided
- 17 January 2024
The Tribunal finds that the reference by the Tenant is merited and dismisses the application.
Facts
The tenant, Simon Gathii Macharia, filed an application contesting the eviction notice dated 1/8/2023 issued by the Legal Representative of the Estate of Kiriga Githuba and Jimily Properties Limited. The tenant alleged that the notice was not in the prescribed form and did not meet the formal requirements of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act Cap 301 Laws of Kenya.
Issues
- Whether the Demand Notice dated 1/8/2023 is legal, valid, and enforceable
- The formal requirements of a notice for termination of a tenancy agreement
- The Landlord's grounds for termination of the tenancy
Reasoning
The notice was not in the prescribed form and did not meet the formal requirements of the Act. The Tribunal also found that the notice did not constitute a proper eviction notice but rather a notice of intention not to renew the lease.
Outcome
The application is dismissed.
Orders
- The Tenant/Applicant application dated 2/10/2023 and amended on 26/10/2023 is devoid of merit.
- The Tenant/Applicant to yield the property to the Respondent and clear any outstanding arrears within 14 days of this Ruling.
- Each party to bear its own costs.
Remedies
- Removal of the tenant from the premises
- Payment of outstanding arrears
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
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