SHABBIR MOTOR SPARES LTD vs MOHAMED SALIM MOHAMED & 2 OTHERS [2002] KEHC 216 (KLR)
- Court
- High Court of Kenya
- Case number
- 216
- Citation
- [2002] KEHC 216 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment of the Business Premises Rent TribunalCoramD. A. ONYANCHA, P. TUTUI
Holding
The appeal is dismissed with costs to the Respondent
Facts
The Landlord served a termination notice on the Tenant/Appellant for irregular rent payment and arrears. The Tenant appealed, arguing the Tribunal based its finding on extraneous grounds and erred in awarding costs.
Issues
- Whether the Tribunal based its finding on extraneous grounds
- Whether the Tribunal erred in awarding costs
Reasoning
The Tribunal's finding on the grounds of irregular rent payment and persistent delay in payment was based on ample evidence and was not based on extraneous grounds. The Tribunal's award of costs to the Respondent was also supported by the evidence.
Outcome
Appeal dismissed
Orders
- The Tenant/Appellant is ordered to vacate the premises and hand possession over to the Landlord on or before 31.12.2000
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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