Jojemi Chemical Limited v Mbugua (Tribunal Case E351 of 2023) [2024] KEBPRT 862 (KLR) (25 June 2024) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 862
- Citation
- [2024] KEBPRT 862 (KLR)
- Decided
- 25 June 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLandlord and Tenant DisputePostureAppeal from a previous rulingCoramHON. NDEGWA WAHOME, HON. JOYCE MURIGI
Holding
The termination notices dated 7/2/2022 and 22/2/2024 are declared unlawful and of no legal effect. The tenant is awarded quiet possession and costs.
Facts
Jojemi Chemical Limited filed a reference and application against Elizabeth Wanjiku Mbugua, the landlord, regarding illegal termination and interference with business tenancy in shops 'A' and 'B' on plot No. BL-LR 14830, Musa House, Nairobi.
Issues
- Validity of termination notices issued by the landlord
- Tenant's right to quiet possession and payment of rent
Reasoning
The notices were not in the prescribed form and did not comply with the minimum time requirement and grounds for termination as stipulated in the Landlord and Tenant (Shops, Hotels and Catering establishments) Act.
Outcome
Tenant's reference and application are allowed.
Orders
- Termination notices dated 7/2/2022 and 22/2/2024 are declared unlawful.
- Tenant is awarded quiet possession of the demised premises.
- Tenant is awarded costs assessed at Kshs.30,000/- to be offset from rent payable to the landlord.
Remedies
- Quiet possession of the demised premises
Authorities cited
Legislation (1)
- Landlord and Tenant (Shops, Hotels and Catering establishments) Act (Cap 301)
Cases cited (1)
- Manner N. Alibhai T/A Diani Boutique v South Coast Fitness & Sports Centre Ltd Civil Appeal No. 203 1994
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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