Emmanuel Amutalah t/a Victoria Junior Center v Kirui [2023] KEBPRT 1143 (KLR) | Termination Of Tenancy | Esheria

Emmanuel Amutalah t/a Victoria Junior Center v Kirui [2023] KEBPRT 1143 (KLR)

Full Case Text

Emmanuel Amutalah t/a Victoria Junior Center v Kirui (Tribunal Case E141 of 2023) [2023] KEBPRT 1143 (KLR) (26 May 2023) (Ruling)

Neutral citation: [2023] KEBPRT 1143 (KLR)

Republic of Kenya

In the Business Premises Rent Tribunal

Tribunal Case E141 of 2023

Cyprian Mugambi Nguthari, J

May 26, 2023

Between

Emmanuel Amutalah t/a Victoria Junior Center

Applicant

and

John Muthiora Kirui

Respondent

Ruling

1. The landlord’s application dated 17. 01. 2023 seeks orders of eviction against the tenant from the premises erected on the property known as DAG/Riruta/4/6A and further seeks for an order that the OCS, Dagoreti police station ensures compliance with the court orders.

2. The application is supported by the affidavit of Mr. Johnson Muthiora Kirui, the landlord wherein it has been deponed that the landlord intends to occupy the premises for a period of not less than one year for personal business use.

3. The landlord has further deponed that the tenant has been served with a notice to vacate the suit premises but has failed to so vacate.

4. The landlord’s notice to terminate tenancy is the one dated 23. 8.2022. The effective date is shown to be 1. 12. 2022 and the reason/grounds for termination of the tenancy are well set out under paragraph 3 of the notice. I have perused the notice to terminate tenancy and do find the same to be a valid notice.

5. The tenant has not filed a reference in objection to the notice and neither has he responded to the landlord’s application. In this regard, the notice to terminate tenancy took effect on the effective date, that is, 1. 12. 2022. Consequently, the tenancy between the parties herein terminated on 1. 12. 2022 and the tenant is no longer a tenant of the landlord.

6. I will allow the landlord’s application dated 17. 1.2023 with the order that the tenant is to vacate the suit premises after the expiry of sixty (60) days from today to enable the tenant relocated his business.

RULING DATED, SIGNED AND DELIVERED VIRTUALLY THIS 26TH DAY OF MAY 2023HON. CYPRINA MUGAMBICHAIRPERSON26. 5.2023In the absence of the parties