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REAL ESTATE ALERT: ARE YOU THINKING OF TERMINATING A COMMERCIAL LEASE BEFORE THE END OF ITS CONTRACTUAL TERM? > Tarra Agility Africa
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Kwanza Estates Limited v Jomo Kenyatta University of Agriculture and Technology Petition E001 of 2024 Introduction Commercial Leases come with very strict obligations on both the Landlord and the Tenant, these are over and beyond the quiet possession and rent payment obligations on the part of the Landlord and Tenant respectively. Equally, more than often, these Commercial Leases are structured to deviate from the provisions of the Landlord and Tenant’s Act Cap 301 which require their termination of commercial Leases to be subject to a legal process under the Rent’s Tribunal. In view of this, the Supreme Court of Kenya (SCORK) recently issued a comprehensive judgement underpinning the express and implied obligational aspects of these Commercial Leases following a dispute between Kwanza Estates Limited v Jomo Kenyatta University of Agriculture and Technology (Petition E001 of 2024) [2024] KESC 74 (KLR) (6 December 2024) (Judgment) including relatable reference not...
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Tarra Agility
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