[2019] KEHC 9152 (KLR)
The court found that the plaintiff's claim was uncontroverted as the defendant failed to file a defence or attend court. The evidence established that the defendant was in arrears of rent and had not filed a reference with the Business Premises Rent Tribunal after being served with a notice of termination. The...
Source-derived case information.
- Citation
- [2019] KEHC 9152 (KLR)
- Parties
- Plaintiff: Bethwel M. Nyandigisi; Defendant: Databel International Ltd
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 9 of 2018
- Procedural Posture
- Civil Suit / Judgment
- Outcome
- Judgment for the plaintiff.
- Legal Topics
- Landlord Tenant Disputes, Controlled Tenancies, Rent Arrears, Eviction, Business Premises, Default Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bethwel M. Nyandigisi
Plaintiff
Databel International Ltd
Defendant
Procedural Posture
Civil Suit / Judgment
Legal Issues
- 1 Whether the defendant failed to pay rent as alleged by the plaintiff.
- 2 Whether the plaintiff is entitled to possession of the premises and arrears of rent.
- 3 Whether the defendant is liable to eviction for failure to file a reference with the Business Premises Rent Tribunal.
Ratio Decidendi
The court found that the plaintiff's claim was uncontroverted as the defendant failed to file a defence or attend court. The evidence established that the defendant was in arrears of rent and had not filed a reference with the Business Premises Rent Tribunal after being served with a notice of termination. The premises were controlled under the relevant statute, and the plaintiff followed the proper procedure for termination. As a result, the court held that the plaintiff was entitled to judgment for possession of the premises, arrears of rent, costs, and interest as claimed.
Court Disposition
Judgment for the plaintiff.
Orders
- The defendant is directed to vacate and deliver up the premises being the shop on 2nd floor on the property known as KISII TOWN/BLOCK III/134 within fourteen (14) days from service of the decree herein and in default the plaintiff is at liberty to proceed with eviction.
- Judgment is entered for the plaintiff against the defendant for Kshs. 161,000.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISII
CORAM: D. S. MAJANJA J.
CIVIL SUIT NO. 9 OF 2018
BETWEEN
BETHWEL M. NYANDIGISI.....................................................PLAINTIFF
AND
DATABEL INTERNATIONAL LTD.......................................DEFENDANT
JUDGMENT
The plaintiff is the landlord and owner of the premises known as KISII TOWN/BLOCK III/134which comprises shops. One of the shops on the 2nd floor was leased to the defendant for the sum of Kshs. 12,000/= per month. According to the plaintiff, the defendant persistently failed to pay rent causing him to issue a notice of termination of the lease dated 26th January 2018 to take effect on 1st June 2018. As the premises were controlled under the Landlord and Tenant (Shops Hotels and Catering Establishments Act (Chapter 301 of the Laws of Kenya), the defendant failed to file a reference to the Business Premises Rent Tribunal (“BPRT”). The plaintiff produced a letter from the BPRT dated 23rd April 2018 confirming that a reference or objection had not been filed by the tenant. The plaintiff also claimed that the defendant had failed to pay Kshs. 161,000/- outstanding rent as at the date of termination.
When this suit was filed and the plaint and summons served on the defendant, it failed to file its defence. Despite service of the hearing notice of the formal proof today, neither the defendant nor its agents attended court. The totality of the material before me is that the plaintiff’s claim is not contested and his evidence uncontroverted.
I therefore enter judgment for the plaintiff against the defendant as follows:
(1) The defendant be and is hereby directed to vacate and deliver up the premises being the shop on 2nd floor on the property known as KISII TOWN/BLOCK III/134 within fourteen (14) days from service of the decree herein and in default the plaintiff be at liberty to proceed with eviction.
(2) Judgment be and is hereby entered for the plaintiff against the defendant for Kshs. 161,000/=.
(3) The plaintiff is awarded costs of this suit assessed at Kshs. 30,000/= inclusive of filing fees.
(4) Interest on (2) and (3) above shall accrue at court rates from the date hereof.
DATEDand DELIVEREDat KISIIthis 18thday of March 2019.
D.S MAJANJA
JUDGE
Mr. K. Onyancha instructed by Koina Onyacha and Company Advocates for the Plaintiff.