[2025] KEBPRT 266 (KLR)

[2025] KEBPRT 266 (KLR)

The Tribunal found that the Landlady's notice to terminate the tenancy complied with all statutory requirements under Cap 301, including form, grounds, and notice period. The Tenant failed to file a Reference within the one-month period stipulated by section 4(5) of Cap 301. Under section 10, where a tenant does not respond or refer the notice to the Tribunal within the prescribed time, the notice takes effect as specified, entitling the landlord to vacant possession without further inquiry into the grounds. The Tribunal, guided by Saheb v Hassanally, held that it was not required to interrogate the justification for the notice since the Reference was out of time. Consequently, the...

Citation
[2025] KEBPRT 266 (KLR)
Parties
Applicant: Joseph Peter Gituru Mahugu; Respondent: Carolyne Wangari Ndumia
Court
Business Premises Rent Tribunal
Jurisdiction
Kenya
Judgment Date
28 April 2025
Case Number
Tribunal Case E1400 of 2024
Procedural Posture
Tribunal Reference / Ruling
Outcome
Tenant's application dismissed; Landlady entitled to possession.
Judges
A Muma
Legal Topics
Controlled Tenancy, Termination of Tenancy, Notice Requirements, Vacant Possession
Source Language
English
Land and Property Civil Procedure Controlled Tenancy Termination of Tenancy Notice Requirements Vacant Possession

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Joseph Peter Gituru Mahugu

Applicant

Carolyne Wangari Ndumia

Respondent

Procedural Posture

Tribunal Reference / Ruling

Legal Issues

  1. 1 Whether the Termination Notice dated 30th October 2024 was valid.

Ratio Decidendi

The Tribunal found that the Landlady's notice to terminate the tenancy complied with all statutory requirements under Cap 301, including form, grounds, and notice period. The Tenant failed to file a Reference within the one-month period stipulated by section 4(5) of Cap 301. Under section 10, where a tenant does not respond or refer the notice to the Tribunal within the prescribed time, the notice takes effect as specified, entitling the landlord to vacant possession without further inquiry into the grounds. The Tribunal, guided by Saheb v Hassanally, held that it was not required to interrogate the justification for the notice since the Reference was out of time. Consequently, the...

Court Disposition

Tenant's application dismissed; Landlady entitled to possession.

Orders

  • The tenant’s complaint and Application dated 20th December 2024 are hereby dismissed.
  • The tenancy notice dated 30th October 2024 took effect on 1st January 2025 under Section 10 of Cap 301, Laws of Kenya and the tenant ought to comply therewith.