Machua v Muiruri (Tribunal Case E097 of 2023) [2024] KEBPRT 58 (KLR) (26 January 2024) (Judgment)
- Court
- Business Premises Rent Tribunal
- Case number
- 58
- Citation
- [2024] KEBPRT 58 (KLR)
- Decided
- 26 January 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLandlord and Tenant DisputePostureTenant's Reference AllowedCoramHON. JOYCE AKINYI OSODO, HON GAKUHI CHEGE
Holding
The landlord's notice to terminate tenancy dated 8th November, 2022 is declared invalid.
Facts
Tenant Mary Wanjiku Machua is a tenant occupying two shops with a monthly rent of Ksh. 22,000 and Ksh. 20,000. The landlord, Mary Seleina Muiruri, issued a notice to terminate the tenancy on 8th November, 2022, citing expiration of the lease and the landlord's intention to renovate the premises.
Issues
- Whether the termination notice dated 8th November, 2022 is lawful and valid.
- Who shall bear the costs of the application.
Reasoning
The notice was issued without following the prescribed procedures and did not specify the grounds for termination.
Outcome
Tenant allowed to continue peaceful occupation of the suit premises.
Orders
- Tenant’s reference dated 27th January, 2023 is allowed.
- The landlord’s Notice to terminate tenancy dated 8th November, 2022 is declared invalid.
- Costs of Ksh. 20,000 to the tenant to be offset against rent.
Remedies
- Tenant allowed to continue peaceful occupation of the suit premises.
Authorities cited
Legislation (1)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, Cap 301
Cases cited (1)
- Manaver N Alibhai t/a Diani Boutique – vs- 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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