Nsimire v Gikonyo (Tribunal Case E815 of 2022) [2023] KERRT 1181 (KLR) (5 May 2023) (Ruling)
- Court
- KERRT
- Case number
- 1181
- Citation
- [2023] KERRT 1181 (KLR)
- Decided
- 5 May 2023
The Defendant was not served with the termination notice, and the Plaintiff is not entitled to the relief sought.
Facts
The Plaintiff, Nsimire, entered into a tenancy agreement with the Defendant, Gikonyo, on May 4, 2016. She deposited a rent deposit of Kshs. 65,000/= and continued to fulfill her obligations. In August 2019, the Plaintiff intended to vacate the premises and issued a termination notice. However, the Defendant did not refund the deposit and the Plaintiff initiated proceedings.
Issues
- Whether the Defendant was served with the termination notice.
- Whether the Plaintiff is entitled to the relief sought.
Reasoning
The Plaintiff did not serve the Defendant with a termination notice, and the Defendant did not request a joint inspection of the premises. The Plaintiff failed to provide documentation supporting her claim and did not request a joint inspection.
Outcome
The application is dismissed and the parties are to bear their own costs.
Orders
- Application dismissed
Authorities cited
Legislation (2)
- Evidence Act
- Rent Restriction Act
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