[2021] KEBPRT 431 (KLR)
The tribunal found that the application was unopposed and that the tenant had been properly served. In the absence of opposition and upon consideration of the supporting affidavit, the tribunal was satisfied that the landlord was entitled to break into the premises and distress for rent using a licensed auctioneer....
Source-derived case information.
- Citation
- [2021] KEBPRT 431 (KLR)
- Parties
- Applicant: Dinkam Investment; Respondent: Braia Contractors & Supplies Ltd
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 53 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Landlord's Application for Possession and Distress for Rent
- Outcome
- Application allowed as prayed with modifications for due process and accountability.
- Legal Topics
- Distress for Rent, Possession of Premises, Enforcement of Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dinkam Investment
Applicant
Braia Contractors & Supplies Ltd
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Landlord's Application for Possession and Distress for Rent
Legal Issues
- 1 Whether the landlord is entitled to break into and take possession of the suit premises for purposes of distress for rent recovery.
- 2 Whether the landlord is entitled to the assistance of police and a licensed auctioneer in enforcing the orders.
- 3 Whether the landlord is entitled to costs of the application.
Ratio Decidendi
The tribunal found that the application was unopposed and that the tenant had been properly served. In the absence of opposition and upon consideration of the supporting affidavit, the tribunal was satisfied that the landlord was entitled to break into the premises and distress for rent using a licensed auctioneer. The tribunal further ordered that an inventory of distrained goods be taken in the presence of a tribunal officer and filed, and that the auctioneer render an account of the sale within seven days. The landlord was also awarded costs of the application. The orders were made to ensure due process and accountability in the distress for rent process.
Court Disposition
Application allowed as prayed with modifications for due process and accountability.
Orders
- The landlord/applicant is allowed to break into the suit premises and distress for rent to recover the outstanding rent using a licensed auctioneer.
- An inventory of all the distrained goods shall be taken by the auctioneer in the presence of the tribunal’s officer responsible for Embu and filed with the tribunal.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
BUSINESS PREMISES RENT TRIBUNAL
TRIBUNAL CASE NO 53 OF 2020 (EMBU)
DINKAM INVESTMENT...........................................................LANDLORD/APPLICANT
VERSUS
BRAIA CONTRACTORS & SUPPLIES LTD.....................LANDLADY/RESPONDENT
RULING
The application dated 25th November 2020 seeks the following orders;
1. Spent.
2. That the Applicant/Landlord be allowed to break into and take possession of the suit premises through Mwangi Auctioneer.
3. That the OCS Embu Police Station to enforce the orders.
4. That the costs of the application be provided for.
The grounds upon which the application is based are stated on the face of the said application.
I have considered them alongside the supporting affidavit sworn by Dinkar Kumar R. Patel, the Landlord/Applicant. The application is not opposed and I am satisfied that the Tenant was properly served. In these circumstances, I make the following orders;
1. That the Landlord/Applicant is allowed to break into the suit premises and distress for rent to recover the outstanding rent using a licensed auctioneer.
2. That an inventory of all the distrained goods be taken by the auctioneer in the presence of the tribunal’s officer responsible for Embu, and filed with the Tribunal.
3. The Auctioneer shall render an account of the sale of the distrained goods with the Tribunal within seven (7) days of the sale of the distrained goods.
4. The Landlord shall have the costs of the application.
CYPRIAN MUGAMBI NGUTHARI
CHAIRMAN
BUSINESS PREMISES RENT TRIBUNAL
Court:
Ruling dated, signed and delivered in virtually by Hon Cyprian Mugambi Nguthari this 4thday of June 2021 in the absence of the parties.
HON CYPRIAN MUGAMBI NGUTHARI
CHAIRMAN
BUSINESS PREMISES RENT TRIBUNAL