Salama t/a Central Exhibitions v Molo Group & 6 others (Tribunal Case E1004 of 2023) [2024] KEBPRT 636 (KLR) (25 April 2024) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 636
- Citation
- [2024] KEBPRT 636 (KLR)
- Decided
- 25 April 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEvictionPostureAppeal from a previous orderCoramHON. A MUMA
Holding
The landlord's notice is invalid for want of reasoned grounds for eviction.
Facts
The landlord issued a notice to terminate the lease, and the tenant filed two applications to strike out the landlord's notice and seek restraining orders.
Issues
- Whether the Notice issued by the Landlord is valid and whether the lease provides for a parking space?
Reasoning
The court found the landlord's notice invalid due to lack of reasoned grounds for eviction, as required by the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act.
Outcome
The landlord's application is dismissed, and the tenant is allowed to remain in occupation of the premises.
Orders
- The landlord's Notice dated 27th April 2023 is invalid for want of reasoned grounds for eviction.
- The Tenants application and Reference dated 26th October 2023 is allowed in terms of prayers 4, the Landlords Application dated 5th October 2023 is dismissed.
- Landlord is given liberty to serve a fresh notice when they are ready with Drawings, Approvals and are in Funds.
- The Tenant to remain in occupation of the premises till such time.
- Each party shall bear their own costs.
Remedies
- Remain in occupation of the premises
- Costs to be borne by the landlord
Authorities cited
Legislation (2)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act Chapter 301 Laws of Kenya
- Manaver N. Alibhai T/A Diani Boutique vs. South Coast Fitness & Sports Centre Limited
Cases cited (1)
- Manaver N. Alibhai T/A Diani Boutique vs. South Coast Fitness & Sports Centre Limited
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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