Janed Oburu Odhiambo v St. Josephs Mission Hospital – Migori [2016] KEELC 823 (KLR)
- Court
- Environment & Land Court
- Case number
- 823
- Citation
- [2016] KEELC 823 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a decision of the Business Premises Rent TribunalCoramSimpson
Holding
The notice to terminate the tenancy was not premature and the tribunal's decision was not against the weight of evidence.
Facts
The appellant, Janet Oburu Odhiambo, was a tenant operating a hospital canteen in the respondent's premises since 1991. The respondent, St. Josephs Mission Hospital – Migori, issued a statutory notice to terminate the tenancy due to the need for a tuberculosis clinic and non-payment of rent.
Issues
- Whether the notice to terminate the appellant's tenancy was premature and illegal
- Whether the appellant was defaulting in rent payment
- Whether the tribunal's decision was against the weight of evidence
Reasoning
The tribunal found that the landlord's notice was not premature and that the tenant was not in arrears. The court upheld the tribunal's decision.
Outcome
Affirmed
Orders
- The tenant shall vacate and deliver vacant possession of the premises on or before 1st April, 2015 in default an eviction order will issue.
- The tenant shall pay the landlord costs of the reference to be agreed between the parties or assessed by the tribunal.
Authorities cited
Legislation (2)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act Chapter 301 Laws of Kenya
- Business Premises Rent Tribunal Act
Cases cited (1)
- Jabane –vs- Olenya [1986] KLR 661, 664
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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