Onyango t/a Joo Motors Busia v Ali alias Hawa Said & another (Tribunal Case E032 of 2024 & E025 of 2025 (Consolidated)) [2026] KEBPRT 12 (KLR) (27 January 2026) (Judgment)
- Court
- Business Premises Rent Tribunal
- Case number
- 12
- Citation
- [2026] KEBPRT 12 (KLR)
- Decided
- 27 January 2026
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeTribunal CasePostureTenant vs LandlordCoramLord Goddard C.
Holding
The tenancy notice dated 14/02/2024 was unlawful and therefore of no legal consequence. The later notices dated 10/07/2024 and 6/11/2024 are premature and unlawful.
Facts
The tenant initiated proceedings against the landlord alleging illegal termination of the tenancy and harassment. The landlord issued termination notices, which the tenant contested.
Issues
- Whether the tenancy relationship should be upheld
- Whether the tenant is available for compensation for loss of business
- Whether the tenant is in rent arrears
- Whether the termination notices are lawful
- Whether the 2nd respondent is liable for attachment of tenant's property and locking premises
- Who should bear the costs of the consolidated suit
Reasoning
The court relied on the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act and its regulations to determine that the termination notices were not in compliance with the required legal procedures.
Outcome
The tenancy relationship is upheld, the later termination notices are declared unlawful, and the costs of the consolidated suit are to be determined.
Orders
- The tenancy relationship is upheld
- The later termination notices are declared unlawful
- The costs of the consolidated suit are to be determined
Authorities cited
Legislation (2)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act
- Regulations to the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act
Cases cited (1)
- Munaver N. Alibhai T/A Diani Boutique V South Coast Fitness & Sports Centre Limited
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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