Parkway Investment Limited v Dedan Kimathi University of Technology (Civil Appeal 6 of 2020) [2023] KEELC 838 (KLR) (16 February 2023) (Judgment)

Facts

The Appellant and Respondent entered into a lease agreement for six years. The Respondent issued a termination notice on December 23, 2015, and vacated the premises on February 29, 2016. The Appellant terminated the lease on May 31, 2016, citing non-payment of rent.

Issues

1. Whether the lease agreement was terminable by notice or otherwise
2. Whether the termination notice constituted a breach of the lease agreement
3. Whether the Appellant was entitled to rent for the last year of the tenancy
4. Whether the Respondent was entitled to a refund of the security deposit

Reasoning

The lease agreement was for a fixed term of six years and could only be terminated by breach or expiration of time. The termination notice was not a breach, and the Appellant was entitled to terminate the lease. The Respondent was not entitled to rent for the last year as the lease had not expired.

Outcome

Appeal dismissed

Authorities cited