[2021] KEBPRT 177 (KLR)
The Tribunal found that the Tenant, Ernest Okello, was a lawful tenant of Tecla Awinja, who had inherited the property and had the right to let it. The Respondents were not landlords and had no legal basis to interfere with the Tenant's possession or to close the premises. The evidence of the Tenant and his witness...
Source-derived case information.
- Citation
- [2021] KEBPRT 177 (KLR)
- Parties
- Applicant: Ernest Okello; Respondent: Ezra Imhale; Respondent: Richard Ambeyi; Respondent: Boaz Lwangu
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 54 of 2020
- Procedural Posture
- Miscellaneous Application / Judgment
- Outcome
- Tenant's reference allowed; permanent injunction granted against Respondents.
- Legal Topics
- Landlord Tenant Disputes, Eviction, Quiet Enjoyment, Injunctive Relief
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ernest Okello
Applicant
Ezra Imhale
Respondent
Richard Ambeyi
Respondent
Boaz Lwangu
Respondent
Procedural Posture
Miscellaneous Application / Judgment
Legal Issues
- 1 Whether the Respondents unlawfully interfered with the Tenant's possession of the business premises.
- 2 Whether the Tenant is entitled to restoration and protection from harassment or eviction without due process.
Ratio Decidendi
The Tribunal found that the Tenant, Ernest Okello, was a lawful tenant of Tecla Awinja, who had inherited the property and had the right to let it. The Respondents were not landlords and had no legal basis to interfere with the Tenant's possession or to close the premises. The evidence of the Tenant and his witness was unchallenged. The Tribunal held that the Respondents' actions constituted unlawful interference with the Tenant's quiet enjoyment and use of the premises, and that the Tenant was entitled to protection and restoration as sought in his reference.
Court Disposition
Tenant's reference allowed; permanent injunction granted against Respondents.
Orders
- The Respondents are permanently injuncted from in any way interfering with the Tenant’s quiet possession and use of the suit premises at Kilingili Market Plot No 1A.
- The OCS Kilingili Police Station shall ensure compliance with this order.
Full Case Text
Judgment text and source record
37 paragraphs
REPUBLIC OF KENYA
BUSINESS PREMISES RENT TRIBUNAL
TRIBUNAL CASE NO 54 OF 2020 (KAKAMEGA)
ERNEST OKELLO................................TENANT/APPLICANT
VERSUS
EZRA IMHALE.....................LANDLORD/1ST RESPONDENT
RICHARD AMBEYI............LANDLORD/2ND RESPONDENT
BOAZ LWANGU………………………………….…………..LANDLORD/3RD RESPONDENT
JUDGEMENT
1. The Tenant’s reference dated 6th March 2020 is in the following terms;
“That the Respondents have been harassing and intimidating the Tenant with threats of eviction by locking the Tenant’s business premises without an order from the Rent Tribunal contrary to Cap 301 of the Laws of Kenya. The Tenant’s request is for the Respondents to restore him into the premises and cease harassing the Tenant. The Tenant has also sought police assistance.”
2. The Respondents were duly served to attend the Tribunal for the hearing. They did not attend. The Tenant has filed an affidavit of service. I also note that the Respondents had been served by the Tribunal. Satisfied with the service of the hearing, the matter proceeded for hearing on 27th October 2021. I summarize the evidence of the Tenant as follows;
3. Ernest Okello;
a. That he rented the suit premises about twenty years ago.
b. That his Landlady has always been Tecla Awinja and he has paid rent to her for all the years. He has never had a problem with the Landlady.
c. That on 4th March 2020, the Respondents broke the padlock to his business premises and closed the same.
d. That he reported the matter to the Police at Kilingili Police Station. Thereafter he filed this case at the Tribunal.
4. The Tenant’s Witness Tecla Awinja stated;
a. That Ernest Okello is her Tenant at Kilingili.
b. That she has a grant of representation for the estate of her deceased husband (Tenant’s exhibit No 1).
c. That she knows the Respondents herein. They do not collect rent from the suit premises.
d. That she has no problem with the Tenant and he is entitled to the orders he has sought from the Tribunal.
e. That the Respondents had no business closing the Tenant’s premises.
5. The only issue for determination is whether the Tenant is entitled to the orders he has sought in his reference dated 6th March 2020. The evidence of the Tenant and his witness has not been challenged.
6. I am satisfied on the evidence and the material placed before me that the Tenant is the Tenant of one Tecla Awinja and not the Respondents. I am also satisfied on the basis of the certificate of confirmation of a grant issued in favour of Tecla Awinja on 22nd September 2020, that indeed she inherited plot No IA Kilingilil Market.
7. The Respondents therefore have no business interfering with the Tenant’s quiet enjoyment of the suit premises.
8. Consequently, I make the following orders;
a. That the Respondents are permanently injuncted from in any way interfering with the Tenant’s quiet possession and use of the suit premises at Kilingili Market Plot No 1A.
b. That the OCS Kilingili Police Station shall ensure compliance with this order.
c. The Tenant shall have the costs of the reference.
HON CYPRIAN MUGAMBI NGUTHARI
CHAIRMAN
BUSINESS PREMISES RENT TRIBUNAL
JUDGEMENT DATED, SIGNED AND DELIVERED BY HON CYPRIAN MUGAMBI NGUTHARI THIS 27TH DAY OF OCTOBER 2021. IN THE PRESENCE OF THE TENANT AND IN THE ABSENCE OF THE RESPONDENTS.
HON CYPRIAN MUGAMBI NGUTHARI
CHAIRMAN
BUSINESS PREMISES RENT TRIBUNAL