[2023] KEBPRT 1139 (KLR)

[2023] KEBPRT 1139 (KLR)

The court found that the landlord's application was unopposed as none of the tenants/respondents filed any responses despite being served and given an opportunity to do so. The court, therefore, allowed the landlord's application as prayed, except in relation to the 6th tenant/respondent, against whom the case had...

Source-derived case information.

Citation
[2023] KEBPRT 1139 (KLR)
Parties
Applicant: Joseph Cheruiyot (Secretary on Behalf of Litein Kipagenge Farmers Co-operative Society Ltd); Respondent: Aron Kosgei; Respondent: Dickson Langat; Respondent: Nelson Mitei Chirchir; Respondent: Joseph Korir; Respondent: Ms. Janet Mutai; Respondent: Ms. Lilian Cheruiyot
Court
Business Premises Rent Tribunal
Jurisdiction
Kenya
Case Number
Tribunal Case E004 of 2023
Procedural Posture
Tribunal Application / Ruling on Unopposed Application for Eviction and Distress for Rent
Outcome
Application allowed as prayed against the 1st to 5th respondents; no orders against the 6th respondent.
Judges
CN Mugambi
Legal Topics
Landlord Tenant Disputes, Eviction Proceedings, Distress for Rent
Source Language
en
Land and Property Landlord Tenant Disputes Eviction Proceedings Distress for Rent

Source-derived case record

Summary, issues, holding and outcome

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Parties

Joseph Cheruiyot (Secretary on Behalf of Litein Kipagenge Farmers Co-operative Society Ltd)

Applicant

Aron Kosgei

Respondent

Dickson Langat

Respondent

Nelson Mitei Chirchir

Respondent

Joseph Korir

Respondent

Ms. Janet Mutai

Respondent

Ms. Lilian Cheruiyot

Respondent

Procedural Posture

Tribunal Application / Ruling on Unopposed Application for Eviction and Distress for Rent

Legal Issues

  1. 1 Whether the tenants should be ordered to vacate the suit premises for failure to oppose the landlord's notice.
  2. 2 Whether the landlord is entitled to break into the premises and levy distress for rent.

Ratio Decidendi

The court found that the landlord's application was unopposed as none of the tenants/respondents filed any responses despite being served and given an opportunity to do so. The court, therefore, allowed the landlord's application as prayed, except in relation to the 6th tenant/respondent, against whom the case had already been withdrawn. The decision was based on the procedural default of the tenants and the absence of any opposition to the reliefs sought by the landlord.

Court Disposition

Application allowed as prayed against the 1st to 5th respondents; no orders against the 6th respondent.

Orders

  • The landlord's application dated 10.1.2023 is allowed as prayed against the 1st to 5th respondents.
  • The tenants/respondents (1st to 5th) are ordered to vacate the suit premises at plot No. 045 Litein Kericho.