NGARA ROAD SELF SERVICE STORE V KIAMBU MWITUMBERIA (1971) LTD. [2006] KEHC 3057 (KLR)
- Court
- High Court of Kenya
- Case number
- 3057
- Citation
- [2006] KEHC 3057 (KLR)
- Decided
- 24 March 2006
The Court held that the Plaintiff's tenancy is a 'controlled tenancy' and that the Defendant's notices to quit were not in the prescribed form, thus invalid.
Facts
The Plaintiff, Ngara Road Self Service Store, filed a suit against the Defendant, Kiambu Mwitumberia (1971) Ltd., seeking an injunction to restrain the Defendant from evicting the Plaintiff from the suit premises. The Plaintiff's tenancy was a 'controlled tenancy' under the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act.
Issues
- Whether the Plaintiff's tenancy is a 'controlled tenancy' under the Act.
- Whether the Defendant's notices to quit comply with the Act.
Reasoning
The Court determined that the Plaintiff's tenancy is a 'controlled tenancy' and that the Defendant's notices to quit were not in the prescribed form, making them invalid.
Outcome
The Plaintiff's application for a temporary injunction was granted.
Orders
- The Court granted the Plaintiff's application for a temporary injunction to restrain the Defendant from evicting the Plaintiff from the suit premises until the hearing and determination of the suit.
Authorities cited
Legislation (1)
- Landlord and Tenant (Shops, Hotels and Catering Establishments) Act [Cap.301]
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