[2025] KEBPRT 247 (KLR)

[2025] KEBPRT 247 (KLR)

The Tribunal found that the landlord's notice to terminate the tenancy was invalid as it failed to comply with the statutory requirement of providing at least two months' notice under Section 4(4) of Cap 301. The notice gave only one day for compliance, rendering it of no legal effect. The Tribunal also determined that the matter was not res judicata because the subject matter and notice in the previous case were different. The tenant demonstrated a prima facie case for the grant of an injunction, as he was a protected tenant under Cap 301 and faced the risk of unlawful eviction. The Tribunal applied established principles for granting interlocutory injunctions and found that the balance...

Citation
[2025] KEBPRT 247 (KLR)
Parties
Applicant: Mohamed Bihi; Respondent: Omar Mohamed Omar
Court
Business Premises Rent Tribunal
Jurisdiction
Kenya
Judgment Date
25 April 2025
Case Number
Tribunal Case E039 of 2025
Procedural Posture
Tribunal Reference / Ruling on Application for Injunction and Reference
Outcome
Tenant's application and reference allowed; landlord's notice declared invalid; injunction granted; costs awarded to tenant.
Judges
Gakuhi Chege, J Osodo
Legal Topics
Controlled Tenancy, Termination of Tenancy, Injunctions, Res Judicata, Tenant Protection, Costs Award
Source Language
English
Land and Property Civil Procedure Controlled Tenancy Termination of Tenancy Injunctions Res Judicata Tenant Protection Costs Award

Case Brief

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Parties

Mohamed Bihi

Applicant

Omar Mohamed Omar

Respondent

Procedural Posture

Tribunal Reference / Ruling on Application for Injunction and Reference

Legal Issues

  1. 1 Whether the notice to terminate tenancy dated 16th December 2024 ought to be approved or dismissed.
  2. 2 Whether the instant case is res judicata.
  3. 3 Whether the tenant is entitled to the reliefs sought in the application and reference dated 17th January 2025.

Ratio Decidendi

The Tribunal found that the landlord's notice to terminate the tenancy was invalid as it failed to comply with the statutory requirement of providing at least two months' notice under Section 4(4) of Cap 301. The notice gave only one day for compliance, rendering it of no legal effect. The Tribunal also determined that the matter was not res judicata because the subject matter and notice in the previous case were different. The tenant demonstrated a prima facie case for the grant of an injunction, as he was a protected tenant under Cap 301 and faced the risk of unlawful eviction. The Tribunal applied established principles for granting interlocutory injunctions and found that the balance...

Court Disposition

Tenant's application and reference allowed; landlord's notice declared invalid; injunction granted; costs awarded to tenant.

Orders

  • The landlord’s notice to terminate tenancy dated 16th December 2024 is hereby declared invalid and of no legal effect.
  • The landlord is restrained from evicting, locking, harassing and/or in any other manner interfering with the tenant’s occupation and use of the demised premises situate on L.R NO. NAIROBI BLOCK 42/316/8 along Muratina Road opposite Pumwani Shelter in Eastleigh, Nairobi without adhering to the provisions of the...