Piccolo Mondo Enterprises Limited v Pes (Tribunal Case E004 of 2023) [2024] KEBPRT 775 (KLR) (9 April 2024) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 775
- Citation
- [2024] KEBPRT 775 (KLR)
- Decided
- 9 April 2024
AI Summary
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TypeTribunal CasePostureTenant's appeal against landlord's notice to terminate tenancyCoramHON. PATRICIA MAY
Holding
The notice of termination dated 22/12/2022 is allowed with no orders as to costs. The tenant vacates the demised premises within a month from the date of the ruling.
Facts
The landlord issued a notice to terminate the tenant's tenancy on December 22, 2022, citing plans to demolish the premises. The tenant challenged the notice, seeking an oral hearing.
Issues
- Whether the landlord met the requirements of section 7(f) of the Act to terminate the tenancy
- Whether the notice was issued maliciously
Reasoning
The Tribunal found that the landlord had a valid reason to terminate the tenancy due to plans to demolish the premises and could not reasonably do so without obtaining possession. The notice was issued in a regular and proper manner.
Outcome
Tenant vacates the premises within a month
Orders
- Tenant vacates the demised premises within a month from the date of the ruling
Authorities cited
Legislation (2)
- Business Premises Rent Act
- Constitution of Kenya 2010
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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