Case law
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Division and case type: High Court CivilCivil Appeal
…termination notice and the Respondents reply to the said termination notice. 6) THAT the learned trial magistrate erred in law and in fact by holding that the Appellant had not discharged the burden placed on him to prove…
…of termination notice rendering her judgement.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…In particular, the Applicant seeks orders restraining the Respondent from implementing the termination notice dated 21st July 2025, engaging third parties in relation to the advertising services reserved under the contract…
…The Applicant further contends that the Respondent’s termination notice dated 21st July 2025 was issued in bad faith and was intended to defeat the arbitral process and accrued contractual rights. 26.…
Division and case type: High Court Commercial and TaxCommercial Matters
…RULING 1.The plaintiff/ applicant filed the chamber summons dated 11.03.2025 seeking an order to restrain the defendant/ respondent from enforcing the termination notice dated 13.2.2025 and terminating the contract between…
…On 13.2.2025, the respondent issued a 30-day notice of termination to it. 6.The applicant contended that the notice of termination is unlawful, unjustified, and issued in contravention of the agreement. 7.On the other hand…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…It further stated that the Respondent failed to rectify the breach despite demand causing the Appellant to terminate the Agreement by issuing a 14-day termination notice dated 7th May 2020 (“the termination notice”).…
…On the first issue, the Adjudicator ruled that Agreement was not in dispute in view of the termination notice issued by the Appellant.…
Division and case type: High Court Civil Appellate DivisionSmall Claims Appeal Case
…The record establishes that the Appellant issued a valid termination notice, vacated the premises, and surrendered vacant possession to the Respondent on or about 30th October 2024.…
…In Maworks Investment Company Limited, the dispute involved commercial premises, rent deposits, possession of premises, termination notices, occupation during the Covid-19 period, and other issues directly touching on the…
Division and case type: High Court Commercial and TaxCommercial Matters
…notices dated 6th January 2023 or any termination notice purporting to purported to be in force or alienating, advertising for sale, offering for sale, selling taking possession of, grounding, offering for lease, transferring…
…In my view, the termination or rather the termination notices were only suspended to enable the Plaintiff comply with the terms of the Agreements including paying the sums due under the lease.…
Division and case type: High Court Commercial and TaxCommercial Matters
…The applicant asserts that in 2025, it issued a termination notice through its advocates, which notice was acknowledged by the respondent.…
…It further, states that the dispute culminated in the issuance of a termination notice followed by the applicant’s confirmation of termination of the agreement by an email dated 4th July 2025. 11.…
Division and case type: High Court Commercial and TaxCommercial Matters
…The Plaintiffs challenged the validity of the termination notice issued by the Defendant based on lack of receipt.…
…The Defendants on their part argued that they could terminate the agreement unilaterally by giving the Plaintiffs a termination notice. They relied on Clause 8 which states:- “8.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…However, it has since received a termination notice and threats of eviction.…
…The Applicant asserts that it has been served with termination notices and is at risk of eviction.…
Division and case type: High Court Commercial and TaxCommercial Matters
…By a Notice of Motion dated 23 rd June 2025, the Plaintiff seeks to stay the implementation of the Suspension Notice dated 30 th April, 2025, and subsequent Termination Notice issued by the Defendant on 17 th June, 2025,…
…In response, the Defendant depones that it suspended the Agreements pending an audit, as permitted under the Agreement, that a formal termination notice was issued on 17 th June 2025, in accordance with the contractual right…
Division and case type: High Court Commercial and TaxCommercial Matters
…notice. 10.…
…All that the defendants had to do was to give a 60day notice of termination and proceed to seek other options. 37.…
Division and case type: High Court Commercial and TaxCommercial Matters
…She contends that as a result, she issued a notice of termination of the agreement with the respondents, which the respondents continue to treat as existing, thereby breaching her contractual freedom, against her will.…
…On the strength of Clause 6 of the Agreement of 7th November 2023, the applicant issued a Notice of Termination dated 29th April 2024.…
Division and case type: High Court CivilCivil Appeal
…no evidence for provision of services for the month of June and May. c) The learned trial magistrate erred in both law and fact in allowing the claimant’s claim despite the claimant failing to issue the respondent with a termination…
…notice of less than two months as stipulated by the contract. d) The learned trial magistrate erred in both law and fact in failing to order that the claimant does issue the respondent with an ETR receipt to claim a tax…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…. 7.The applicant sent a letter dated 21st August 2023 seeking extension of the completion date and a reminder dated 21st September 2023 which were both not responded to. 8.The 1st respondent issued the applicant with a termination…
…notice dated 25th September 2023 and demanded encashment of the performance security within 4 days. 9.The applicant requested for extension of the completion date through a letter dated 26th September 2023 and rescission…
Division and case type: High Court DivCivil Suit
…He further testified that following the termination, the Plaintiff issued a termination notice to the Defendant.…
…He admitted issuing a termination notice dated 5th October 2019 although the letter erroneously bore the date 5th October 2018 which was later corrected.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…Elega averred that the sale of the respondent’s property was terminated by the purchaser through a Termination Notice dated 2nd April 2025, thus no funds are held by the Garnishee on behalf of the respondent and there are…
…In opposition to the orders being sought herein, the Garnishee contended that the sale of the said property was terminated by the purchaser through a Termination Notice dated 2nd April 2025, hence there are no funds currently…
Division and case type: High Court Commercial and TaxCommercial Matters
…On the issue of termination notice, it is undisputed that Clause 9 allowed either party to terminate the agreement upon giving 14 days'' notice in writing.…
…Was the termination notice issued as required above? While the Plaintiffs maintained that there was no notice of termination issued, the evidence points out otherwise.…
Division and case type: High Court Commercial and TaxCommercial Matters
…He relied in particular on the clauses permitting either party to issue a termination notice and requiring the tenant to vacate and surrender possession upon expiry. 10.…
…Pw1 stated that a notice of termination dated 31st October 2018 was duly issued, notifying the Defendants that the tenancy would expire on 31st January 2019.…
Division and case type: High Court Commercial and TaxCommercial Matters
…However, on 7 th December 2021, it received a Notice of Termination dated 2 nd December, 2021 from Safaricom terminating the agreement and Mobitel avers that the effect of the said termination meant a loss of the investment…
…Safaricom insists that the letter it sent on 2 nd December 2021 was a "Notice of Non-Renewal," not a "Notice of Termination” and that this is an important distinction because the Agreement had already lapsed and it was simply…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…The respondents submit that the applicant was in rent arrears and sublet the suit premises contrary to the lease agreement, thereby necessitating the issuance of a termination notice in line with the lease agreement.…
…They further assert that they lawfully terminated the lease agreement upon their issuance of the requisite termination notice, as provided by the lease agreement, but the applicant had failed to vacate and hand back possession…