[2023] KEBPRT 1218 (KLR)
The Tribunal found that the notice to terminate tenancy was addressed to Swabah Abdallah Hassan regarding Plot No. 282/XVII Mombasa, and not to the tenant or in respect of the premises where the tenant and Swabah Abdallah conduct business (Plot No. 283/XXVI Mombasa). The tenant failed to demonstrate any relationship...
Source-derived case information.
- Citation
- [2023] KEBPRT 1218 (KLR)
- Parties
- Applicant: Ali Shariff Alwy Ali; Respondent: Mohamed Ibrahim Ahmed
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case E056 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Tenant's Complaint After Mention and Affidavits
- Outcome
- complaint dismissed
- Judges
- CN Mugambi
- Legal Topics
- Tenancy Termination, Business Premises Rent, Notice to Vacate, Procedural Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ali Shariff Alwy Ali
Applicant
Mohamed Ibrahim Ahmed
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Tenant's Complaint After Mention and Affidavits
Legal Issues
- 1 Whether the landlord's notice to terminate tenancy was unlawfully issued to the tenant's wife and enforceable against the tenant.
- 2 Whether the tenant has demonstrated a relationship to the premises subject to the notice.
Ratio Decidendi
The Tribunal found that the notice to terminate tenancy was addressed to Swabah Abdallah Hassan regarding Plot No. 282/XVII Mombasa, and not to the tenant or in respect of the premises where the tenant and Swabah Abdallah conduct business (Plot No. 283/XXVI Mombasa). The tenant failed to demonstrate any relationship between himself and the premises subject to the notice, or between himself and Swabah Abdallah in relation to Plot No. 282/XVII. As such, the notice could not be enforced against the tenant, and the complaint lacked merit. The Tribunal dismissed the complaint, finding no basis for the relief sought by the tenant.
Court Disposition
complaint dismissed
Orders
- The tenant's complaint is dismissed with no orders as to costs.
Full Case Text
Judgment text and source record
23 paragraphs
Ali v Ahmed (Tribunal Case E056 of 2023) [2023] KEBPRT 1218 (KLR) (19 July 2023) (Ruling)
Neutral citation: [2023] KEBPRT 1218 (KLR)
Republic of Kenya
In the Business Premises Rent Tribunal
Tribunal Case E056 of 2023
CN Mugambi, Chair
July 19, 2023
Between
Ali Shariff Alwy Ali
Tenant
and
Mohamed Ibrahim Ahmed
Landlord
Ruling
1. On 9/5/2023, the Tenant’s application dated 14. 3.2023 was allowed and the parties ordered to comply with order 11 of the Civil Procedure Rules within thirty (30) days of the ruling.
2. On 14. 6.2023, when this matter came up for mention, the tenant sought to rely on his affidavits and statement in support of his complaint and the Tribunal set down the matter for ruling on that basis on 19. 7.2023.
3. The landlord has all along not participated in these proceedings.
4. The tenant’s complaint filed and dated 14. 3.2023 is to the effect that the landlord has unlawfully and without any justification whatsoever, deliberately issued a notice to vacate the suit premises to the tenant’s wife.
5. The notice the tenant complains of is the landlord’s notice to terminate the tenancy on premises, Plot No. 282/XVII Mombasa on the grounds that upon termination the landlord intends to occupy the said shop. The notice is addressed to one Swabah Abdallah Hassan and on the face of it, it is a valid notice.
6. The tenant and Swabah Abdallah are the registered proprietors of the business known as AL Moody Store at Plot No. 283/XXVI Mombasa. This premises is certainly different from plot No. 282/XVII in respect of which the landlord has issued a notice to terminate tenancy. No notice to terminate tenancy has been issued on account of Plot No. 283/XXVI Mombasa wherein the tenant and Swabah Abdallah carry on business.
7. The notice to terminate tenancy has got nothing to do with the tenant herein and cannot apply to him nor can it be enforced against him. The tenant has not demonstrated the relationship between him and Swabah Abdallah and plot No. 282/XVII Mombasa.
8. For these reasons, I do not find any merits in the complaint filed by the tenant and the same is dismissed with no orders as to costs.
RULING DATED, SIGNED AND DELIVERED VIRTUALLY THIS 19TH DAY OF JULY 2023. HON. CYPRIAN MUGAMBICHAIRPERSON19. 7.2023In the absence of the parties