Gitau v Mbugua (Tribunal Case E181 of 2024) [2024] KEBPRT 823 (KLR) (20 June 2024) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 823
- Citation
- [2024] KEBPRT 823 (KLR)
- Decided
- 20 June 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeTribunal CasePostureApplication Allowed with Interim OrdersCoramHON A. MUMA
Holding
The Tenant's application is allowed, and the Landlady is granted leave to serve a valid notice against the Tenant with good reasons.
Facts
The Tenant, David Kimunyu Gitau, occupies Musa House 5J in Nairobi Central Business District. The Landlady, Elizabeth Wanjiku Mbugua, is the owner of the premises. The Tenant moved the Tribunal seeking an interim injunction and other remedies.
Issues
- Whether the Tenant's application dated 7th February 2024 should be allowed?
Reasoning
The tenancy is a controlled tenancy as per Section 2(1)(a) of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, and the Landlady can terminate the tenancy with a valid notice.
Outcome
Application Allowed with Interim Orders
Orders
- Interim Injunction against eviction
- Reconnection of Electricity supply
- Enforcement of Orders by O.C.S Kamukunji Police Station
Remedies
- Interim Injunction
- Reconnection of Electricity supply
- Enforcement of Orders
Authorities cited
Legislation (1)
- Landlord and Tenant (Shops, Hotels and 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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