SAHEB V. HASSANALLY

JUDGMENT

The respondent had been tenant of two shops in Kirinyaga Road, Nairobi (herein referred to as “the premises”) for about 20 years, when on October 25, 1976 his landlord the appellant issued a tenancy notice pursuant to section 4(2) of the Landlord and Tenant (Shops, Hotels, and Catering Establishment) Act, 1965 (cap 301) herein referred to as “the Act”), and then endeavoured to serve that notice on the respondent in accordance with section 4(6) of the Act.

The notice was unusual in that it sought alternative remedies, namely termination of the controlled tenancy or alternatively an increase of rent from Kshs 350 per month to Kshs 3,500 per month. The termination was sought on the grounds provided in section 7(1) (b) (default in the paying rent) and 7(1) (g) (landlord’s intention to occupy the premises). The respondent did not notify the appellant landlord under section 6 of the Act that he did not wish to comply with the tenancy notice, nor did he refer the matter to a Tribunal …