Onyango v Kwendo & another (Tribunal Case E1221 of 2023) [2024] KEBPRT 61 (KLR) (26 January 2024) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 61
- Citation
- [2024] KEBPRT 61 (KLR)
- Decided
- 26 January 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeTribunal CasePostureAppeal from an original trialCoramHON. A MUMA, HON JACKSON ROP
Holding
The Tenant’s Application and Reference are dismissed
Facts
The Tenant, Eveline Awuor Onyango, rented space for business activities at the suit premises located at Kibera Darajani within Nairobi County. The Landlady, Agnes Kwendo, issued eviction notices to terminate the tenancy on 5th October 2023 and 19th October 2023. The Tenant moved the Tribunal for orders restraining the Landlord from evicting her.
Issues
- Whether the tenancy relationship is a controlled tenancy
- Whether the notices issued by the Landlady are valid
- Whether the Tenant is in rental arrears
Reasoning
There is no written agreement between the Tenant and the Landlady regarding the tenancy relationship. The Tenant has been in occupation of the suit premises for over 6 years and has paid rent continuously.
Outcome
The landlord is at liberty to obtain vacant possession of the suit premises by 31st January 2024
Orders
- Orders restraining the Respondents from interfering with the Tenant’s quiet possession and peaceful enjoyment of the suit premises
- Tenant to serve the Application in readiness for inter-partes hearing on 29th December, 2023 and thereafter file an Affidavit of Service
- Tenant to continue with her rental obligations by making rent payments as and when it fell due
Authorities cited
Legislation (1)
- Landlord and Tenant (Shops, Hotels & Catering Establishments) Act, Cap 301 Laws of Kenya
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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