Alfred Kihoro v Joseph Gitau Gacheru & another [2017] KEELC 3246 (KLR)
- Court
- Environment & Land Court
- Case number
- 3246
- Citation
- [2017] KEELC 3246 (KLR)
- Decided
- 25 January 2017
The appeal is dismissed with costs to the respondents. The appellant shall vacate and hand over possession of the suit property within 120 days from the date of the judgment.
Facts
The appellant Alfred Kihoro was served with a notice to terminate his tenancy in the suit property (L.R No. 209/136/13 Race Course Road) by the respondents Joseph Gitau Gacheru and Nickson Kamau Gachiri. The appellant filed applications seeking to have the notice declared null and void and an injunction restraining the respondents from evicting him. The tribunal dismissed the appellant's reference and allowed the respondents' notice.
Issues
- Whether the appellant's tenancy was terminated by the respondents' notice
- Whether the tribunal erred in awarding the appellant Kshs. 100,000 as goodwill compensation
Reasoning
The tribunal's decision was upheld as the appellant failed to prove that the respondents' notice was null and void. The tribunal's award of Kshs. 100,000 as goodwill compensation was upheld as there was no evidence to support a higher award.
Outcome
Appeal dismissed
Orders
- The appellant shall vacate and hand over possession of the suit property within 120 days from the date of the judgment
Remedies
- Costs to the respondents
Authorities cited
Legislation (1)
- Landlord and Tenant(Shops, Hotels and Catering Establishments) Act, Cap.301 Laws of Kenya
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