[2025] KEBPRT 267 (KLR)

[2025] KEBPRT 267 (KLR)

The Tribunal found that the Tenant failed to provide credible evidence of the alleged unprecedented circumstances affecting her business or the existence of an international grant. The Tenant had previously failed to honor her own undertakings to pay the arrears in installments and did not comply with the Tribunal's earlier order granting her sixty days to clear the arrears. The Tribunal held that the Tenant's request for a further seventy days was not made in good faith and was unsupported by any genuine effort to settle the arrears. The Tribunal concluded that there were no sufficient grounds to review or extend the orders previously made, and that the continued occupation of the...

Citation
[2025] KEBPRT 267 (KLR)
Parties
Applicant: Vavan Joan Angwenyi; Respondent: Ahmed Said Bujra
Court
Business Premises Rent Tribunal
Jurisdiction
Kenya
Judgment Date
24 April 2025
Case Number
Tribunal Case E197 of 2024
Procedural Posture
Miscellaneous Application / Ruling on Application for Extension of Time to Pay Rent Arrears and Stay of Execution
Outcome
application dismissed with costs to the landlord
Judges
CN Mugambi
Legal Topics
Landlord Tenant Disputes, Rent Arrears, Extension of Time, Stay of Execution
Source Language
English

Case Brief

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Parties

Vavan Joan Angwenyi

Applicant

Ahmed Said Bujra

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Extension of Time to Pay Rent Arrears and Stay of Execution

  1. 1 Whether the Tenant is entitled to an extension of time to pay the decretal rent arrears.
  2. 2 Whether the Tenant has demonstrated sufficient grounds for stay of execution of the Tribunal's orders.

Ratio Decidendi

The Tribunal found that the Tenant failed to provide credible evidence of the alleged unprecedented circumstances affecting her business or the existence of an international grant. The Tenant had previously failed to honor her own undertakings to pay the arrears in installments and did not comply with the Tribunal's earlier order granting her sixty days to clear the arrears. The Tribunal held that the Tenant's request for a further seventy days was not made in good faith and was unsupported by any genuine effort to settle the arrears. The Tribunal concluded that there were no sufficient grounds to review or extend the orders previously made, and that the continued occupation of the...

Court Disposition

application dismissed with costs to the landlord

Orders

  • The Tenant's application dated 24.2.2025 is dismissed.
  • The Tenant shall pay costs of the application to the Landlord.