[2025] KEBPRT 231 (KLR)

[2025] KEBPRT 231 (KLR)

The tribunal found that the landlord's notice of termination dated 11.10.2024 did not comply with the mandatory requirements of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act (Cap 301), including prescribed form, statutory timelines, and specification of grounds. The landlord's unilateral actions in taking over part of the premises and interfering with the tenant's quiet possession were unlawful and in breach of the tenant's statutory rights. The tenant established a prima facie case with a probability of success, demonstrated risk of irreparable harm if interference continued, and the balance of convenience favoured granting injunctive relief. The tribunal...

Citation
[2025] KEBPRT 231 (KLR)
Parties
Applicant: Eunice Awuor Barack; Respondent: Jared Oyugi
Court
Business Premises Rent Tribunal
Jurisdiction
Kenya
Judgment Date
9 April 2025
Case Number
Tribunal Case E004 of 2025
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Injunction Application
Outcome
application allowed
Judges
N Wahome, Joyce Murigi
Legal Topics
Controlled Tenancy, Termination of Tenancy, Injunctive Relief, Quiet Possession, Eviction Procedure
Source Language
English
Land and Property Civil Procedure Controlled Tenancy Termination of Tenancy Injunctive Relief Quiet Possession Eviction Procedure

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Parties

Eunice Awuor Barack

Applicant

Jared Oyugi

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Interlocutory Injunction Application

Legal Issues

  1. 1 Whether the landlord's notice of termination of tenancy dated 11.10.2024 was lawful.
  2. 2 Whether the tenant is entitled to injunctive relief restraining the landlord from interfering with her quiet possession of the premises.
  3. 3 Who should bear the costs of the application.

Ratio Decidendi

The tribunal found that the landlord's notice of termination dated 11.10.2024 did not comply with the mandatory requirements of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act (Cap 301), including prescribed form, statutory timelines, and specification of grounds. The landlord's unilateral actions in taking over part of the premises and interfering with the tenant's quiet possession were unlawful and in breach of the tenant's statutory rights. The tenant established a prima facie case with a probability of success, demonstrated risk of irreparable harm if interference continued, and the balance of convenience favoured granting injunctive relief. The tribunal...

Court Disposition

application allowed

Orders

  • The tenant shall be allowed complete quiet possession of the demised premises.
  • The notice of termination/eviction dated 11.10.2024 is declared unlawful and of no effect.