Mary Panos Melas & another v New Carlton Hotel Ltd [1977] KEHC 24 (KLR)
- Court
- High Court of Kenya
- Case number
- 24
- Citation
- [1977] KEHC 24 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureSummary Judgment ApplicationCoramClauson
Holding
The court rules in favor of the plaintiffs, granting summary judgment for possession of the suit premises and mesne profits to be assessed.
Facts
The plaintiffs, Mary Panos Melas and Angelline Lilly Monnas, leased three plots of land and a building to the defendant, New Carlton Hotel Ltd, for ten years starting December 1, 1966. The lease contained a break clause allowing the defendant to terminate the lease after five years if it paid rent and fulfilled its obligations.
Issues
- Whether the lease created a controlled tenancy under the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act
Reasoning
The court determines that the lease created a controlled tenancy under the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act due to the break clause and the lease being reduced into writing.
Outcome
Judgment for the plaintiffs as prayed.
Remedies
- Possession of the suit premises and mesne profits to be assessed
Authorities cited
Legislation (1)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act
Cases cited (2)
- Rex Hotels Ltd v Jubilee Insurance Co Ltd (1972) EA 211
- Bird v Bakers (1858) 28 LJQB 7
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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