Martin Zakayo Mbandu v Trishul V Chohan & another [2021] KEELC 2146 (KLR)
- Court
- Environment & Land Court
- Case number
- 2146
- Citation
- [2021] KEELC 2146 (KLR)
- Decided
- 16 July 2021
The lease agreement is for residential use only, and the first defendant cannot be evicted for using the property for commercial purposes without permission. The preliminary objection is dismissed.
Facts
The plaintiff and the first defendant had a lease agreement for a residential house in Kisumu Municipality/Blocks 4/757 and 4/758. The lease was for two years, expiring on January 1, 2015. The first defendant did not give notice for renewal and moved out without permission, allegedly changing the use of the property from residential to commercial.
Issues
- Whether the first defendant should be evicted from the suit premises
- Whether the premises could be used for commercial purposes without changing the user
Reasoning
The premises are described as residential in the lease agreement and do not fall under the Landlord and Tenant (Shop, Hotels and Catering Establishment) Act.
Outcome
Preliminary objection dismissed
Authorities cited
Legislation (2)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act
- Physical and Land Use Planning Act
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