Mwangi v Kariuki (Tribunal Case E1048 of 2023) [2024] KEBPRT 440 (KLR) (9 April 2024) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 440
- Citation
- [2024] KEBPRT 440 (KLR)
- Decided
- 9 April 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeTribunal CasePostureLandlord seeks eviction of Tenant for non-payment of rent and non-compliance with notice to terminate tenancyCoramHON. PATRICIA MAY
Holding
The application is allowed, and the tenant is ordered to vacate the premises. The landlord is awarded Kshs. 50,000 in costs.
Facts
The landlord accused the tenant of failing to vacate the demised premises despite the lapse of the notice period provided in a notice to terminate tenancy, and of defaulting in paying rent. The landlord issued a notice to terminate tenancy on 31/5/2023, which was served and was to take effect from August 1, 2023.
Issues
- Whether the notice to terminate tenancy was properly issued and served
- Whether the tenant's continued stay after the notice period was trespass
Reasoning
The notice to terminate tenancy was in the prescribed form and was to take effect after a period exceeding two months, as required by the Act. The tenant did not object to the notice, and it took effect upon the lapse of the notice period.
Outcome
Tenant ordered to vacate the premises
Orders
- Tenant to vacate the premises within a specified period
- Award of Kshs. 50,000 in costs to the landlord
Remedies
- Eviction of the tenant from the premises
Authorities cited
Legislation (1)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act
Cases cited (1)
- Manaver N Alibhai T/A Diani Boutique v South Coast Fitness & Sports Centre Limited, Civil Appeal No 203 of 1994
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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