[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
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether the Tenant is entitled to an extension of time to pay the decretal rent arrears.
- 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.
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