Middle Town Forex Bureau Limited v Ecobank Limited (Tribunal Case E897 of 2024) [2025] KEBPRT 301 (KLR) (23 May 2025) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 301
- Citation
- [2025] KEBPRT 301 (KLR)
- Decided
- 23 May 2025
The court declared the impugned notice unlawful and allowed the notice of motion application. The court also granted the Landlord the exception under the proviso to Section 9(3) of Cap 301 and allowed the Landlord to issue a fresh and proper tenancy notice.
Facts
The Tenant, Middle Town Forex Bureau Limited, sought an injunction against the Landlord, Ecobank Limited, for unlawfully increasing rent from Kshs 130,069 to Kshs 250,000 per month. The Landlord, however, argued that the notice was compliant with the Landlord and Tenant (shops, Hotels and Catering Establishments) Act.
Issues
- Validity of the notice to increase rent
- Costs allocation
Reasoning
The court held that the notice was not in the prescribed form and did not comply with the Act, thus being invalid. The court also ruled that the Landlord is entitled to issue a fresh notice.
Outcome
The notice of motion application and the reference are allowed in terms that the tenancy notice dated 30/7/2024 is declared unlawful and without any legal effect. The Landlord is granted exception under the proviso to Section 9(3) of Cap 301 and is at liberty to issue a fresh and proper tenancy notice.
Orders
- Impugned notice dated 30/7/2024 is declared unlawful and without any legal effect.
- Landlord is granted exception under the proviso to Section 9(3) of Cap 301 and is at liberty to issue a fresh and proper tenancy notice either immediately or at its convenience.
- Each party shall bear own costs of these proceedings.
Remedies
- Injunction against the Landlord for unlawfully increasing rent
- Fresh and proper tenancy notice from the Landlord
Authorities cited
Legislation (2)
- Landlord and Tenant (shops, Hotels and Catering Establishments) Act (Cap. 301)
- Interpretation and General Clauses Act (Cap 2)
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