Risper Kerubo Onsare v Vijay Kumar Saidha, Haria Rajesh Nemchad & Hanif Zulfikar Ahmed Hasham (Civil Case 11 of 2018) [2021] KEHC 4704 (KLR) (27 July 2021) (Judgment)

Facts

The plaintiff, Risper Kerubo Onsare, is the registered proprietor of land parcel no. Kisii Town/Block 111/128 and the commercial and residential buildings erected thereon. The defendants, Vijay Kumar Saidha, Haria Rajesh Nemchad, and Hanif Zulfikar Ahmed Hasham, have been occupying the residential section of the plaintiff's premises for a long time. The plaintiff issued notices to the defendants demanding vacant possession of the premises on or before 31st July 2018, but the defendants did not vacate the premises.

Issues

1. Whether this court has jurisdiction to determine the matter
2. Whether the plaintiff was entitled to issue the Notices to terminate tenancy
3. Whether the Notices dated 5th April 2018 issued by the plaintiff to terminate tenancy were lawful
4. Whether the plaintiff is entitled to the reliefs sought

Reasoning

The court held that the defendants were lawful tenants and that the plaintiff's notices to terminate tenancy were not lawful. The court also found that the plaintiff is not entitled to the reliefs sought.

Outcome

Affirmed the trial court's decision and dismissed the appeal.

Authorities cited