[2000] KEHC 395 (KLR)
The court found that the applicant became a tenant of the respondent only after the previous lease expired and entered into a new tenancy agreement at a rent of Shs.5000 per month. The applicant signed the lease and paid the new rent for some months before defaulting. The court held that the reference to the Rent...
Source-derived case information.
- Citation
- [2000] KEHC 395 (KLR)
- Parties
- Plaintiff: Curtis Njama; Defendant: Hanna Nyambura Murithi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 173 of ??
- Procedural Posture
- Civil Case / Ruling on Application for Declaration Regarding Distress for Rent
- Outcome
- application dismissed with costs to the respondent
- Legal Topics
- Landlord Tenant Disputes, Distress for Rent, Rent Increase, Tenancy Agreements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Curtis Njama
Plaintiff
Hanna Nyambura Murithi
Defendant
Procedural Posture
Civil Case / Ruling on Application for Declaration Regarding Distress for Rent
Legal Issues
- 1 Whether the attachment of the applicant's goods by the respondent was unlawful due to the disputed rent increase.
- 2 Whether the rent increase from Shs.2500 to Shs.5000 per month was valid and enforceable.
- 3 Whether the applicant's reference to the Rent Tribunal was tenable given the tenancy history.
Ratio Decidendi
The court found that the applicant became a tenant of the respondent only after the previous lease expired and entered into a new tenancy agreement at a rent of Shs.5000 per month. The applicant signed the lease and paid the new rent for some months before defaulting. The court held that the reference to the Rent Tribunal was not tenable because there was no prior tenancy agreement between the applicant and the respondent before the new lease. The increase in rent was a result of negotiation for a new tenancy, not an unlawful increment on an existing protected tenancy. Therefore, the respondent was justified in distressing for rent due to the applicant's default, and the attachment of...
Court Disposition
application dismissed with costs to the respondent
Orders
- The application is dismissed with costs to the respondent.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI H.C.CIVIL CASE NO.173 OF 2000
CURTIS NJAMA…………………………………………..… PLAINTIFF
VERSUS
HANNA NYAMBURA MURITHI…………………………..DEFENDANT
R U L I N G
The suit premises had been leased to one F. Waithira Njama who is sister to the applicant herein which lease expired in 1993. The applicant took over the premises as a tenant in 1993 without notifying the Respondent (Landlord). When the Respondent discovered the situation. She wrote to the applicant through her lawyer Nyeri Nyangoro & Co., Advocates indicating that she was willing to allow the occupant to continue occupation of the premises thereof so long as she executed a fresh lease with her. The rent payable by the previous tenant was Shs.2500/= It was agreed that the new rent would be Shs.5000/=
The applicant signed the lease and started paying Shs.5000/= as agreed but defaulted with effect from September 1999 to date. The Respondent went ahead with distress proceedings and distressed the house hold goods of the applicant hence this application.
The applicant seeks orders for declaration that the attachment of her goods was unlawful since the increase of the rent from Shs.2500/=per month to Shs.5000per month was the subject matter with the Tribunal.
This matter had been brought to the attention of the Chief Executive Rent Restriction Department who had advised the Landlord that the increase of rent from Shs.2500to Shs.5000/= per month was unlawfully vide his letter dated 9th August, 1995.
The applicant had filed a reference with the Tribunal No.451 of 1995 and was later coerced into signing an agreement for payment of rent of Shs.5000/= for a period of 5 years. It is clear from the submissions that prior to 1993 the tenancy agreement was between the Respondent and one F. Waithira who is sister to the applicant.
The applicant took over the tenancy after the lease between the landlady and her sister had expired. Without notifying the Respondent. When the Respondent discovered of the discovered, she invited the applicant to negotiate the terms of the tenancy and sign the lease.
The applicant agreed to pass a rent of Shs.5000 per month and signed the lease and started paying for some months before she defaulted.
Filing a reference with Rent Tribunal by the applicant was not tenable since the applicant had no tenancy agreement with the Respondent before.
The rent of Shs.5000/= per month was negotiated when the applicant became a tenant of the Respondent for the first time. Default of payment of rent justified the action taken by the Respondent in the distress for rent proceedings.
For the above reasons, this application is dismissed with costs to the Respondent.
Dated and Delivered at Nairobi this 24th March, 2000
J.L.A. OSIEMO
JUDGE