Ashikhanga v Provida Africa Limited (Tribunal Case E251 of 2024) [2024] KEBPRT 828 (KLR) (19 June 2024) (Judgment)
- Court
- Business Premises Rent Tribunal
- Case number
- 828
- Citation
- [2024] KEBPRT 828 (KLR)
- Decided
- 19 June 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLandlord and Tenant DisputePostureTenant's Reference and Application allowedCoramA. Muma
Holding
The tenant’s Reference and Application is allowed, and the landlord is restrained from interfering with the tenant's quiet possession.
Facts
Tenant entered into a tenancy agreement with the landlord on January 30, 2024, and was to pay monthly rent and a deposit. The landlord issued a notice to vacate on February 13, 2024, citing non-payment of rent and operating the shop as a bar.
Issues
- Whether the tenant’s Reference and Application should be allowed
Reasoning
The notice to vacate was not in the prescribed form and was not for a period of at least two months, as required by the Landlord and Tenant Act. The tenant's non-payment of rent was not sufficient to terminate the tenancy without following the proper procedures.
Outcome
Tenant's Reference and Application allowed
Orders
- Tenant remains in the premises and pays rent as and when it falls due
- Landlord restrained from interfering with tenant's quiet possession
- Each party bears their own costs
Remedies
- Tenant's right to continue renting the premises and paying rent as per the agreement
Authorities cited
Legislation (1)
- Cap 301, Laws of Kenya (Landlord and Tenant Act)
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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