[2025] KEBPRT 250 (KLR)

[2025] KEBPRT 250 (KLR)

The Tribunal found that the notice to terminate tenancy dated 15th November 2024 was defective as it failed to provide the statutory minimum of two months' notice required under Cap 301. The notice gave only one day for the tenant to vacate, which is contrary to the law and the prescribed procedure for terminating a...

Source-derived case information.

Citation
[2025] KEBPRT 250 (KLR)
Parties
Applicant: Nae Mshitaki Abdulkadir Alwi; Respondent: Saddam Jumaan
Court
Business Premises Rent Tribunal
Jurisdiction
Kenya
Judgment Date
17 April 2025
Case Number
Tribunal Case E288 of 2024
Procedural Posture
Tribunal Reference / Ruling on Interlocutory Application
Outcome
Application allowed. Notice to terminate tenancy declared illegal. Tenant granted injunctive relief. Costs awarded to tenant.
Judges
J Osodo, Gakuhi Chege
Legal Topics
Controlled Tenancy, Termination of Tenancy, Statutory Notice Requirements, Injunctive Relief, Landlord Tenant Disputes
Source Language
english
Land and Property Civil Procedure Controlled Tenancy Termination of Tenancy Statutory Notice Requirements Injunctive Relief Landlord Tenant Disputes

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Parties

Nae Mshitaki Abdulkadir Alwi

Applicant

Saddam Jumaan

Respondent

Procedural Posture

Tribunal Reference / Ruling on Interlocutory Application

Legal Issues

  1. 1 Whether the notice to terminate tenancy dated 15th November 2024 is valid and legal.
  2. 2 Whether the tenant is entitled to the orders sought in the application dated 16th December 2024.
  3. 3 Who shall bear the costs of the application?

Ratio Decidendi

The Tribunal found that the notice to terminate tenancy dated 15th November 2024 was defective as it failed to provide the statutory minimum of two months' notice required under Cap 301. The notice gave only one day for the tenant to vacate, which is contrary to the law and the prescribed procedure for terminating a controlled tenancy. The Tribunal relied on the statutory framework and relevant case law, emphasizing that strict compliance with notice requirements is mandatory. Consequently, the notice was declared illegal and of no legal effect. The Tribunal further held that the tenant had established a prima facie case for protection from unlawful eviction and interference, and was...

Court Disposition

Application allowed. Notice to terminate tenancy declared illegal. Tenant granted injunctive relief. Costs awarded to tenant.

Orders

  • The notice to terminate tenancy dated 15th November 2024 is declared illegal.
  • The application dated 16th December 2024 is allowed as prayed.