SHIPIRA CHOLA & 3 OTHERS v JAMES SAMUEL PETER M1RIE [2003] KEHC 23 (KLR)
- Court
- High Court of Kenya
- Case number
- 23
- Citation
- [2003] KEHC 23 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the ruling of the Chairman of the Business Premises Rent TribunalCoramD.K. Maraga, Ag. Judge
Holding
The notices were valid, but the tribunal's order completely terminated the tenancies. The appeal is allowed, and the tenancies are set aside.
Facts
The Respondent gave notice to the Appellants to vacate the premises with effect from September 1, 2000, for reconstruction purposes. The Appellants made references to the Tribunal, which ruled in favor of the Respondent, terminating the tenancies.
Issues
- Whether the notices were defective
- Whether the Respondent had the intention to reconstruct the premises
Reasoning
The tribunal's order was not in line with the Respondent's intention to reconstruct the premises for a limited period. The notices were valid, but the tribunal's order was too broad.
Outcome
Appeal allowed, tenancies set aside
Orders
- Tenancies set aside
- Respondent pays costs of appeal and tribunal
Remedies
- Tenancies restored to the Appellants
Authorities cited
Cases cited (5)
- Auto Engineering Ltd. -Vs- M. Gonelea & Co. Ltd.
- R.G. Patel Vs Lalji Makanji
- Peters Vs Sunday Post Ltd.
- Cunliffe -Vs-Goodman
- Lall -Vs- Jeypee Investments Ltd.
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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