Mbiti v Manoti (Tribunal Case E058 of 2022) [2024] KEBPRT 585 (KLR) (Civ) (9 April 2024) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 585
- Citation
- [2024] KEBPRT 585 (KLR)
- Decided
- 9 April 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureTenant's application to set aside landlord's notice of termination of tenancyCoramHON. PATRICIA MAY - MEMBER
Holding
The landlord's notice of termination is quashed as irregular and unlawful.
Facts
The landlord issued a notice to terminate the tenancy on October 6, 2022, citing the intention to renovate the premises. The tenant claimed rent arrears and alleged bad faith.
Issues
- Whether the tenant has established sufficient grounds for the grant of orders sought.
- Whether the notice issued was proper and lawful.
Reasoning
The landlord failed to provide substantial evidence for the necessity of renovations and did not prove default in rent payment.
Outcome
The landlord's notice is quashed, and the tenant is ordered to clear any outstanding rent arrears.
Orders
- The landlord's notice of termination is quashed.
- The landlord to file an updated statement of accounts within 14 days.
- The tenant to clear any outstanding rent arrears within 21 days upon receipt of the statement.
- Each party to bear their own costs.
Remedies
- Quashing of the landlord's notice of termination.
- Order for the landlord to file an updated statement of accounts.
- Order for the tenant to clear any outstanding rent arrears.
Authorities cited
Legislation (2)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act
- Constitution of Kenya 2010
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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