[2023] KEBPRT 1143 (KLR)
The court found that the landlord had issued a valid notice to terminate the tenancy, specifying the grounds and effective date. The tenant did not file any reference or objection to the notice, nor did he respond to the application for eviction. As a result, the notice took effect on 1.12.2022, and the tenancy was...
Source-derived case information.
- Citation
- [2023] KEBPRT 1143 (KLR)
- Parties
- Applicant: Emmanuel Amutalah t/a Victoria Junior Center; Respondent: John Muthiora Kirui
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case E141 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Landlord's Application for Eviction and Enforcement Orders
- Outcome
- application allowed; eviction order granted with sixty-day grace period
- Judges
- CN Mugambi
- Legal Topics
- Termination of Tenancy, Eviction Orders, Landlord Rights, Tenant Default
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Emmanuel Amutalah t/a Victoria Junior Center
Applicant
John Muthiora Kirui
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Landlord's Application for Eviction and Enforcement Orders
Legal Issues
- 1 Whether the landlord's notice to terminate tenancy was valid and effective.
- 2 Whether the landlord is entitled to an order of eviction against the tenant.
- 3 Whether the tenant is entitled to remain in the premises after expiry of the notice period.
Ratio Decidendi
The court found that the landlord had issued a valid notice to terminate the tenancy, specifying the grounds and effective date. The tenant did not file any reference or objection to the notice, nor did he respond to the application for eviction. As a result, the notice took effect on 1.12.2022, and the tenancy was lawfully terminated on that date. The landlord was therefore entitled to an order for eviction. However, the court granted the tenant sixty days from the date of the ruling to vacate the premises to allow for relocation of the business. The court also ordered that the OCS, Dagoreti police station, ensure compliance with the orders if necessary.
Court Disposition
application allowed; eviction order granted with sixty-day grace period
Orders
- The tenant is to vacate the suit premises after the expiry of sixty (60) days from the date of the ruling.
- The OCS, Dagoreti police station, is to ensure compliance with the court orders if necessary.
Full Case Text
Judgment text and source record
21 paragraphs
Emmanuel Amutalah t/a Victoria Junior Center v Kirui (Tribunal Case E141 of 2023) [2023] KEBPRT 1143 (KLR) (26 May 2023) (Ruling)
Neutral citation: [2023] KEBPRT 1143 (KLR)
Republic of Kenya
In the Business Premises Rent Tribunal
Tribunal Case E141 of 2023
Cyprian Mugambi Nguthari, J
May 26, 2023
Between
Emmanuel Amutalah t/a Victoria Junior Center
Applicant
and
John Muthiora Kirui
Respondent
Ruling
1. The landlord’s application dated 17. 01. 2023 seeks orders of eviction against the tenant from the premises erected on the property known as DAG/Riruta/4/6A and further seeks for an order that the OCS, Dagoreti police station ensures compliance with the court orders.
2. The application is supported by the affidavit of Mr. Johnson Muthiora Kirui, the landlord wherein it has been deponed that the landlord intends to occupy the premises for a period of not less than one year for personal business use.
3. The landlord has further deponed that the tenant has been served with a notice to vacate the suit premises but has failed to so vacate.
4. The landlord’s notice to terminate tenancy is the one dated 23. 8.2022. The effective date is shown to be 1. 12. 2022 and the reason/grounds for termination of the tenancy are well set out under paragraph 3 of the notice. I have perused the notice to terminate tenancy and do find the same to be a valid notice.
5. The tenant has not filed a reference in objection to the notice and neither has he responded to the landlord’s application. In this regard, the notice to terminate tenancy took effect on the effective date, that is, 1. 12. 2022. Consequently, the tenancy between the parties herein terminated on 1. 12. 2022 and the tenant is no longer a tenant of the landlord.
6. I will allow the landlord’s application dated 17. 1.2023 with the order that the tenant is to vacate the suit premises after the expiry of sixty (60) days from today to enable the tenant relocated his business.
RULING DATED, SIGNED AND DELIVERED VIRTUALLY THIS 26TH DAY OF MAY 2023HON. CYPRINA MUGAMBICHAIRPERSON26. 5.2023In the absence of the parties