Maina v Administrators of the Estate of the Late Bernard Odipo (Tribunal Case E989 of 2024) [2025] KEBPRT 150 (KLR) (21 February 2025) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 150
- Citation
- [2025] KEBPRT 150 (KLR)
- Decided
- 21 February 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLandlord and Tenant DisputePostureReference by Tenant, Respondent's ReplyCoramHON. JOYCE AKINYI OSODO, HON GAKUHI CHEGE
Holding
The applicant’s reference dated 6th September 2024 is dismissed.
Facts
The tenant/applicant, David Thairu Maina, filed a reference challenging the respondent's notice to terminate his tenancy dated 9th August 2024. The respondent, Administrators of the Estate of the Late Bernard Odipo, claimed that the tenant violated the tenancy agreement by subletting the premises without consent.
Issues
- Whether the reference dated 6th September 2024 ought to be allowed.
- Who shall bear the costs of the reference.
Reasoning
The respondent provided evidence showing that the tenant had sublet the premises without consent, violating the tenancy agreement's clause prohibiting subletting.
Outcome
The applicant's reference is dismissed.
Orders
- The respondent is at liberty to issue sub-tenants proper notices of termination of tenancy in the prescribed form under Section 4(2) of Cap 301, Laws of Kenya.
- Costs of KES. 25,000 to the respondent.
Authorities cited
Legislation (1)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act Cap 301
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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