[2021] KEBPRT 375 (KLR)
The Tribunal found that the landlord's application was properly served on the tenant, as evidenced by affidavits of service filed by a licensed court process server. The application was unopposed. The Tribunal was satisfied that the tenant was in arrears of rent and electricity bill totaling Kshs 22,000....
Source-derived case information.
- Citation
- [2021] KEBPRT 375 (KLR)
- Parties
- Applicant: Ali Siro Juma; Respondent: Erick Okoth
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 28 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Landlord's Application for Leave to Levy Distress for Rent
- Outcome
- Application allowed in terms of prayers 3, 4 and 5 of the landlord's application dated 27th January 2021.
- Legal Topics
- Distress for Rent, Rent Arrears, Business Premises, Landlord Tenant Dispute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ali Siro Juma
Applicant
Erick Okoth
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Landlord's Application for Leave to Levy Distress for Rent
Legal Issues
- 1 Whether the landlord is entitled to leave of the Tribunal to levy distress for rent against the tenant.
- 2 Whether the landlord is entitled to the assistance of the police during the distress for rent exercise.
- 3 Whether the application is properly served and unopposed.
Ratio Decidendi
The Tribunal found that the landlord's application was properly served on the tenant, as evidenced by affidavits of service filed by a licensed court process server. The application was unopposed. The Tribunal was satisfied that the tenant was in arrears of rent and electricity bill totaling Kshs 22,000. Consequently, the Tribunal granted the landlord leave to levy distress for rent at the suit premises and authorized the assistance of the Officer Commanding Harambee Police Post/Patrol base to ensure security during the exercise. The Tribunal clarified that the orders granted do not amount to eviction of the tenant.
Court Disposition
Application allowed in terms of prayers 3, 4 and 5 of the landlord's application dated 27th January 2021.
Orders
- Leave granted to the landlord to levy distress for rent at the suit premises at Harambee Market.
- The Officer Commanding Harambee Police Post/Patrol base to provide security during the distress for rent exercise.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
BUSINESS PREMISES RENT TRIBUNAL
TRIBUNAL CASE NO 28 OF 2021 (KAKAMEGA)
ALI SIRO JUMA....................................................LANDLORD/APPLICANT
VERSUS
ERICK OKOTH.........................................................TENANT/RESPONDENT
RULING
The Landlord’s application dated 27th January 2021 seeks leave of the Tribunal to allow the Landlord to levy distress of rent at the suit premises at Harambee Market and further seeks the assistance of the Officer Commanding Harambee Police Post/Patrol base in ensuring there is security during the exercise.
The application is brought on the grounds that the Tenant/Respondent is indebted to the Applicant in terms of rent arrears and electricity bill totaling to a sum of Kshs 22,000/-. Further, it is stated that the Tenant has purposefully refused to pay the rent and his electricity bill.
The application is also supported by the affidavit of the Applicant sworn on 18th January 2021. The upshot of the said affidavit is that the Tenant is in rent arrears amounting to Kshs 20,000/- and electricity bill amounting to Kshs 2,000/-. That further the Tenant secretly opens the business premises to avoid paying rent or having the same demanded from him. I have read and considered the contents of the said affidavit.
The Landlord’s application is not opposed. I am satisfied that the Tenant was served with the application and the hearing notice. An affidavit of service has been sworn and filed by one Moses Kuloba Keya a licensed Court Process Server. The affidavit of service in respect of the application is the one dated 7th April 2021 while the one which is in respect of the hearing notice for 16th June 2021is the one dated/sworn on 9th June 2021.
In the circumstances, I allow the Landlord’s application dated 27th January 2021 in terms of prayers 3, 4 and 5 of the said application. For the avoidance of doubt, the grant of the said prayers do not amount to eviction orders against the Tenant.
HON. CYPRIAN MUGAMBI NGUTHARI
CHAIRMAN
BUSINESS PREMISES RENT TRIBUNAL
Ruling read and delivered virtually by Hon Cyprian Mugambi Nguthari this 2nd Augustday of 2021in the absence of the parties.
HON. CYPRIAN MUGAMBI NGUTHARI
CHAIRMAN
BUSINESS PREMISES RENT TRIBUNAL