[2021] KEBPRT 336 (KLR)
The tribunal found that a controlled tenancy relationship exists between the parties, governed by Cap 301. The applicant demonstrated a prima facie case for interim protection, as the respondent did not dispute receipt of rent or compliance with tenancy obligations. The tribunal held that it was just and equitable...
Source-derived case information.
- Citation
- [2021] KEBPRT 336 (KLR)
- Parties
- Applicant: Brian Henia Mwangi & Another; Respondent: Damaries Wanjiku Waweru
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 155 of 2021
- Procedural Posture
- Miscellaneous Application / Interlocutory Ruling on Interim Relief Pending Hearing of Reference
- Outcome
- Application allowed in part; interim orders granted pending hearing of reference.
- Legal Topics
- Controlled Tenancy, Landlord Tenant Disputes, Interim Injunctions, Rent Assessment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Brian Henia Mwangi & Another
Applicant
Damaries Wanjiku Waweru
Respondent
Procedural Posture
Miscellaneous Application / Interlocutory Ruling on Interim Relief Pending Hearing of Reference
Legal Issues
- 1 Whether the applicant is entitled to interim protection from eviction or interference by the landlord pending the hearing of the reference.
- 2 Whether the applicant is entitled to access borehole water and a legal electricity connection.
- 3 Whether the tribunal should order a site visit and valuation for rent assessment.
Ratio Decidendi
The tribunal found that a controlled tenancy relationship exists between the parties, governed by Cap 301. The applicant demonstrated a prima facie case for interim protection, as the respondent did not dispute receipt of rent or compliance with tenancy obligations. The tribunal held that it was just and equitable to grant interim orders to preserve the applicant's rights, including access to borehole water and a legal electricity connection, pending the hearing and determination of the reference. The tribunal also directed a site visit and valuation to assess the rent payable, ensuring a fair determination of the dispute.
Court Disposition
Application allowed in part; interim orders granted pending hearing of reference.
Orders
- Pending hearing of the reference, prayer 2 of the application dated 16th February 2021 is granted.
- The tenant is allowed to use borehole water unconditionally.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
BUSINESS PREMISES RENT TRIBUNAL
VIEW PARK TOWERS 7TH & 8TH FLOOR
TRIBUNAL CASE NO. 155 OF 2021 (NAIROBI)
BRIAN HENIA MWANGI & ANOTHER...........................................TENANT
VERSUS
DAMARIES WANJIKU WAWERU..........................................RESPONDENT
RULING
1. The Applicant herein filed a reference and application dated 16/2/2021. The application seeks for orders on the face of the application. The application is supported by the affidavit of the Applicant Brian Henia Mwangi.
2. The reliefs sought are predicated upon allegation that a notice to render vacant possession was issued to the Tenant by the Landlord, that the Tenant has been barred by the Landlord from accessing bore hole water, a borehole he allegedly constructed and that without consideration, the Landlord raised a car wash shade right infront of the Applicant’s rented premises/business.
3. That the Tenant in not in arrears and has paid upto the date of filing application and reference. He also prayed for assessment of the standard rent payable in the aforesaid premises.
4. The Respondents/Landlords has denied the allegations of the Applicant/Tenant but confirm that they informed the Applicant to anticipate a notice in the near future and therefore indicates that the Tenant’s fears were premature.
5. The Respondents basically denied every allegation as put forth by the Applicant.
6. What is clear to me after considering the pleadings herein is that there exists a Tenant-Landlord relationship. It is a controlled tenancy as such governed by CAP 301.
7. I am persuaded to protect the Tenant in the interim pending the hearing and determination of the reference. In any event the Respondents are not saying that they are not receiving rent or that the tenant is not meeting his obligation on the Tenant.
8. I hereby make the orders as follows:
(a) The application dated 16th February 2021 is allowed in part that is. Pending the hearing of the reference prayer 2 granted.
(b) The Tenant is hereby allowed to use borehole water unconditionally.
(c) The Respondents are hereby ordered to do a legal connection of electricity in the premises.
(d) OCS Kingeero Police Station to ensure compliance of the orders.
(e) The Parties to facilitate the tribunal for a site visit for inspection and to determine the status of the ……carwash within 14 days.
(f) The parties within 14 days, to file valuation reports to determine rent payable.
(g) The reference to be thus fixed for hearing within 30 days.
DATED, SIGNED AND DELIVERED THIS 16TH JULY 2021.
HON. P. MAY
VICE CHAIR
BUSINESS PREMISES RENT TRIBUNAL
16/7/2021
In the presence of: