Horientetertainment Limited v Maina (Tribunal Case E1278 of 2024) [2025] KEBPRT 265 (KLR) (29 April 2025) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 265
- Citation
- [2025] KEBPRT 265 (KLR)
- Decided
- 29 April 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeBusiness Premises Rent DisputePostureAppeal from an earlier orderCoramA. Muma
Holding
The Tribunal has jurisdiction to hear the case and the Landlord's eviction application is dismissed.
Facts
The Tenant, Horientetertainment Limited, leased the premises from the Landlord, Harrison Maina, since January 2018. The Landlord sought to increase rent and evict the Tenant in 2024.
Issues
- Jurisdiction of the Tribunal
- Eviction Orders
- Rent Assessment
Reasoning
The Tribunal found a tenancy relationship existed based on rent payments and the Landlord's acknowledgment. The Tribunal also dismissed the eviction application due to lack of evidence of a tenancy agreement.
Outcome
The Landlord's eviction application is dismissed.
Orders
- Eviction of the Landlord is prohibited.
- Landlord to file a valuation report within 21 days.
- Tenant to file a valuation report within 21 days.
- Rent to be paid directly to the Landlord starting from March 2025.
Remedies
- Eviction of the Landlord is prohibited.
- Rent to be paid directly to the Landlord.
Authorities cited
Legislation (2)
- Landlords and Tenants (Hotel, Shop and Catering Establishment) Act Cap 301
- Evidence Act Cap 80
Cases cited (3)
- Lillian S' v Caltex Oil (Kenya) Limited
- Nandlal Jiuraj Shah & 2 Others v Kingfisher Properties Limited
- Nyaboke & another v Ondieki
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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