[2025] KEBPRT 331 (KLR)
The tribunal found that the tenant was in substantial arrears of rent, a fact admitted by the tenant. The lease agreement governed the relationship, and its terms were clear regarding rent payment. The tribunal emphasized that it is not empowered to rewrite contracts or grant equitable relief to a party in default,...
Source-derived case information.
- Citation
- [2025] KEBPRT 331 (KLR)
- Parties
- Applicant: Harmindapal Singh Bhambra; Applicant: Parmit Singh Marwah t/a Hyrax Hill House; Respondent: Nakuru Gorgeous Investment Ltd
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case E026 of 2025
- Procedural Posture
- Rent Recovery Application / Judgment
- Outcome
- Application and complaint allowed; orders granted as prayed for payment of arrears, distress, restoration, and costs.
- Judges
- P May
- Legal Topics
- Controlled Tenancy, Rent Arrears, Distress for Rent, Lease Agreement Enforcement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Harmindapal Singh Bhambra
Applicant
Parmit Singh Marwah t/a Hyrax Hill House
Applicant
Nakuru Gorgeous Investment Ltd
Respondent
Procedural Posture
Rent Recovery Application / Judgment
Legal Issues
- 1 Whether the tenant is in arrears of rent and liable to pay the outstanding amount.
- 2 Whether the landlords are entitled to levy distress for rent and seek vacant possession.
- 3 Whether the tribunal can rewrite the lease agreement or grant equitable relief to the tenant in default.
Ratio Decidendi
The tribunal found that the tenant was in substantial arrears of rent, a fact admitted by the tenant. The lease agreement governed the relationship, and its terms were clear regarding rent payment. The tribunal emphasized that it is not empowered to rewrite contracts or grant equitable relief to a party in default, absent proof of coercion, fraud, or undue influence. The landlords demonstrated consistent default by the tenant, justifying termination of tenancy and recovery of arrears. The tribunal allowed the landlords' application and complaint, granting orders for payment of arrears, distress for rent, restoration of the premises, and costs.
Court Disposition
Application and complaint allowed; orders granted as prayed for payment of arrears, distress, restoration, and costs.
Orders
- Application dated 12th February 2025 is allowed in terms of prayers 2, 3, and 4 inclusive of rent up to May 2025.
- Complaint dated 12th February 2025 allowed in similar terms.
Full Case Text
Judgment text and source record
35 paragraphs
Bhambra & another v Nakuru Gorgeous Investment Ltd (Tribunal Case E026 of 2025) [2025] KEBPRT 331 (KLR) (9 May 2025) (Judgment)
Neutral citation: [2025] KEBPRT 331 (KLR)
Republic of Kenya
In the Business Premises Rent Tribunal
Tribunal Case E026 of 2025
P May, Member
May 9, 2025
Between
Harmindapal Singh Bhambra
1st Landlord
Parmit Singh Marwah t/a Hyrax Hill House
2nd Landlord
and
Nakuru Gorgeous Investment Ltd
Tenant
Judgment
1. The landlords filed a Complaint dated 12th February 2025 wherein they sought for orders of payment of outstanding rent arrears of Ksh 1,003,340/=, orders to levy distress, orders to vacate the premises but that the tenant restores the premises to the original state before moving out and punitive costs of 3 months in lieu of notice.
2. The Landlords, contemporaneous to the complaint, filed an application of even date seeking the same orders as those sought for in the complaint.
3. The parties opted to have the hearing of the reference and application proceed simultaneously. The hearing therefore proceeded on the 2nd April 2025. The 2nd landlord testified and was cross examined by counsel for the tenant.
4. The 2nd landlord stated that the relationship between them and the tenant herein was a controlled one. They entered into a lease agreement dated 18th May 2023 and that the terms therein were all known to all parties involved.
5. That the tenant was in rent arrears of Ksh 1,003,340/=
6. The 2nd landlord stated that the tenant failed to pay rent as and when it fell due. The rent payments were irregular and that the tenant was a habitual defaulter.
7. That he had given proposals on how to pay but he didn’t honour them.
8. At the time of hearing, the tenant had not paid rent from November 2024.
9. The tenant confirmed to being in arrears citing hard economic times and sought to be allowed to settle them in installments and then vacate the premises.
10. Upon concluding the hearing, the parties informed the Tribunal that they were not going to file submissions. They sought to rely on the evidence on record. The Tribunal has considered the complaint, the application, the responses thereto and the evidence on record and would proceed as follows:
11. It is not in dispute that the tenant is hugely in arrears. It is also not in dispute that he proposed a settlement plan but did not honour it.
12. There is a lease agreement executed by the parties, governing the parties and it is not the job and function of the tribunal to rewrite contracts for parties. Paragraph 3(1) specifically speaks to the manner in which rent was to be paid.
13. In National Bank of Kenya Ltd Vs Pipe Plastic Samkolit K Ltd (2002) 2 EA 503(2011) eKLR the court of Appeal at page 507 states as follows :“A court of law cannot rewrite a contract between parties. The parties are bound by the terms of their contracts, unless coercion, fraud or undue influence are pleaded and proved.”
14. In Pius Kimaiyo Langat Vs Co Operative Bank of Kenya Ltd(2017) eKLR the Court of Appeal further stated that: We are alive to the hallowed maxim that it is not the business of courts to rewrite contracts between parties. They are bound by the terms of their contracts, unless coercion, fraud or undue influence are pleaded and proved.
15. One the cardinal obligations of a tenant is to pay the reserved rent as and when it falls due and payable. It would be ridiculous for a court of equity to grant a tenant or a party the right to equitable protection so as to avoid his /her obligation under a tenancy contract. The tribunal cannot equally do so as whoever comes to equity must do equity.
16. The superior courts have ably dealt with this issue in the case of; Samuel Kipkorir Ngeno and another Vs Local Authorities Pension Trust (Registered Trustees) and Another (2013) eKLR
17. The landlord has shown the consistent default. The tenant during the hearing also confirmed being in default. The law allows a landlord to terminate tenancy on the account of default by a tenant.
18. As must be clear from the foregoing legal provisions and the reasons given hereinbefore, it is hereby ordered that; -a.Application dated 12th February 2025 is allowed in terms of prayers 2,3 and 4 inclusive of rent up to May 2025b.Complaint dated 12th February 2025 allowed in similar termsc.Costs to the landlords
DATED, DELIVERED AND SIGNED VIRTUALLY AT NAIROBI THIS 9TH DAY OF MAY, 2025HON. PATRICIA MAYMEMBER9. 5.2025Delivered in the presence of Kairu for the Landlord/Applicant and in the presence of Mundia for the Tenant/Respondent