Muriithi t/a Purple Bar Restaurant v Karanja & another (Tribunal Case E008 of 2024) [2025] KEBPRT 25 (KLR) (16 January 2025) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 25
- Citation
- [2025] KEBPRT 25 (KLR)
- Decided
- 16 January 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeTribunal CasePostureTenant's Application dismissed, Landlord's Application grantedCoramHON. NDEGWA WAHOME, HON. JOYCE MURIGI
Holding
The tenant's application is dismissed, the landlord is entitled to levy distress, the notice of termination is declared unlawful, and costs are awarded to the landlord
Facts
The tenant, Muriithi t/a Purple Bar Restaurant, sought to declare the landlord's termination notice illegal and to prevent eviction. The landlord argued the tenancy was not controlled and disputed the rent arrears.
Issues
- Whether the tenant's application dated 30.8.2024 is without merit
- Whether the landlord is entitled to levy distress in recovery of the rents in arrears
- Whether the landlord's notice of termination of tenancy and/or eviction was lawful
- Who should bear the costs of the suit
Reasoning
The notice was not in compliance with the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, and the tenant's tenancy was not controlled.
Outcome
Tenant's application dismissed, landlord's application granted
Orders
- Tenant's Application and Reference both dated 30.8.2024 are dismissed
- Landlord is at liberty to levy distress in recovery of all the rents in arrears at the Tenant's expense
- Landlord's notice of termination of tenancy and/or eviction is declared unlawful and of no legal effect
- Tenant shall pay costs to the Landlord assessed at Kshs. 30,000/=
Remedies
- Levy distress in recovery of all the rents in arrears at the Tenant's expense
Authorities cited
Legislation (2)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act (Cap 301)
- Civil Procedure Act
Cases cited (4)
- Aikman & Others v Muchoki & Others [1982] eKLR
- Jasbir Singh Rai & 3 Others v Jarlochan Singh Rai & 4 Others, Petition No. 4 of 2012 [2014] eKLR
- Samuel Mutua Mulinge t/a Kitui Uniform v Kitui Teachers Housing Co-operative Society Ltd [2017] eKLR
- Fredrick Mutua Mulinge t/a Kitui Uniform v Kitui Teachers Housing Co-operative Society Ltd [2017] eKLR
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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