Appolos Hiram Muna v Joseph Karanja Gitau [2012] KEHC 3835 (KLR)
- Court
- High Court of Kenya
- Case number
- 3835
- Citation
- [2012] KEHC 3835 (KLR)
- Decided
- 30 March 2012
The landlord cannot be entitled to summary judgment as there are triable issues. The tenant must continue paying rent and the case may be fast-tracked.
Facts
The plaintiff landlord and defendant tenant entered into a lease agreement for a period of 12 years, expiring on 31st March, 2011. The tenant requested an extension of the lease, which was denied. The tenant claims the lease expired by efflusion of time, making him a protected tenant under the Landlord and Tenant (Shops, Hotels and Catering Establishments Act).
Issues
- Whether the landlord failed to comply with clause 2(i) of the lease agreement
- Whether the lease expired by efflusion of time
Reasoning
The tenant claims he started the process of seeking a renewal of the lease by a letter dated 28th September, 2010, and the landlord's refusal to renew the lease as per clause 2(i) of the lease was unreasonable. The court finds these issues triable and entitles the tenant to an unconditional defense.
Outcome
The application for summary judgment was denied.
Orders
- The tenant must continue paying rent.
- The case may be fast-tracked in the interest of justice.
Authorities cited
Legislation (1)
- Landlord and Tenant (Shops, Hotels and Catering Establishments Act, Cap 301 of the Laws of Kenya)
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