Mukite v Ndiema (Tribunal Case E050 of 2025) [2025] KEBPRT 365 (KLR) (8 August 2025) (Ruling)
- Court
- Business Premises Rent Tribunal
- Case number
- 365
- Citation
- [2025] KEBPRT 365 (KLR)
- Decided
- 8 August 2025
The notice to terminate tenancy is declared invalid and the eviction application is dismissed. The landlord is ordered to issue a fresh notice to terminate tenancy and is restrained from interfering with the tenant's occupation.
Facts
The landlord filed a reference under Section 12(4) of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act Cap 301, alleging that the tenant had failed to pay rent and violated the tenancy agreement. The tenant opposed the eviction, claiming he had invested in renovations and was not in arrears.
Issues
- Validity of the notice to terminate tenancy
- Dismissal of the eviction application
- Reinstatement of the tenant's quiet and peaceful occupation
Reasoning
The Tribunal found the notice to be invalid due to the tenant's lack of arrears and the landlord's failure to justify the eviction.
Outcome
Dismissal of the eviction application and invalidation of the notice to terminate tenancy
Orders
- Invalidation of the notice to terminate tenancy
- Dismissal of the eviction application
- Reinstatement of the tenant's quiet and peaceful occupation
- Restraint on landlord's interference
- Costs to the tenant
- Settlement of reference
Remedies
- Reinstatement of tenant's quiet and peaceful occupation
- Restraint on landlord's interference
- Settlement of reference
Authorities cited
Legislation (1)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act Cap 301
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