Gohil v Salim & another (Tribunal Case E064 of 2025) [2025] KEBPRT 435 (KLR) (5 December 2025) (Judgment)
- Court
- Business Premises Rent Tribunal
- Case number
- 435
- Citation
- [2025] KEBPRT 435 (KLR)
- Decided
- 5 December 2025
AI Summary
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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
- Whether the Tenant's tenancy is a periodic tenancy or an agricultural tenancy.
- 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.
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