SheriaNet for Android — search and read Kenyan case law from your phone, offline.
Join the beta →

Gohil v Salim & another (Tribunal Case E064 of 2025) [2025] KEBPRT 435 (KLR) (5 December 2025) (Judgment)

[2025] KEBPRT 435 (KLR) Business Premises Rent Tribunal
Read PDF
Court
Business Premises Rent Tribunal
Case number
435
Citation
[2025] KEBPRT 435 (KLR)
Decided
5 December 2025
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeBusiness Premises Rent TribunalPostureAppeal from a previous decisionCoramHON. GAKUHI CHEGE, HON. JOYCE AKINYI OSODO
Holding

The tenancy is terminated, and the Tenant is ordered to vacate the premises and pay rent arrears.

Facts

The dispute arose from a notice by the Landlords, Ahmed Salim and Khalifa Salim, seeking to alter the terms of the tenancy and to recover alleged rent arrears, and the Tenant's opposition thereto. The matter has a procedural history spanning two decades.

Issues

  1. Whether the Tenant's tenancy is a periodic tenancy or an agricultural tenancy.
  2. Whether the Landlords' notice was valid and enforceable.

Reasoning

The Tribunal found the tenancy to be a periodic tenancy and dismissed the Tenant's reference. The Landlords' notice was valid and enforceable.

Outcome

The Tenant's reference is dismissed, and the tenancy is terminated.

Orders

  • The Tenant's tenancy over the premises is terminated.
  • The Tenant shall vacate the premises within 60 days.
  • The Tenant shall pay the Landlords Kshs 2,476,216 in rent arrears.
  • The Landlords are granted the right to levy execution and eviction against the Tenant.

Remedies

  • Termination of the tenancy and payment of rent arrears.

Authorities cited

Legislation (2)
  • Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, Cap 301
  • Land Registration Act, 2012
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.
Full judgment 0.3 MB · PDF

Loading judgment…

Cite this case


        
        
      

Share this case