[2022] KEBPRT 123 (KLR)
The tribunal found that the tenancy agreement was strictly between the landlord and the deceased aunt, and there was no evidence that the business had perpetual succession or that the applicant had obtained letters of administration. In the absence of such evidence, the contract was deemed frustrated by the aunt's...
Source-derived case information.
- Citation
- [2022] KEBPRT 123 (KLR)
- Parties
- Applicant: Francis Mbuvi; Respondent: Edward Rombo
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case E417 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application dismissed
- Legal Topics
- Landlord Tenant Disputes, Succession of Tenancy, Business Premises Rent, Contract Frustration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Mbuvi
Applicant
Edward Rombo
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the tenancy agreement between the deceased aunt and the landlord survives the aunt's death and can be transferred to the next of kin.
- 2 Whether the applicant is entitled to reinstatement and restraining orders against eviction without letters of administration.
- 3 Whether the landlord is obligated to refund the deposit and release goods to the alleged next of kin.
Ratio Decidendi
The tribunal found that the tenancy agreement was strictly between the landlord and the deceased aunt, and there was no evidence that the business had perpetual succession or that the applicant had obtained letters of administration. In the absence of such evidence, the contract was deemed frustrated by the aunt's death, and there was no legal basis to transfer the tenancy to the applicant. Consequently, the application for reinstatement and restraining orders was dismissed. The tribunal further ordered the landlord to refund the deposit and release any goods belonging to the late tenant to the alleged next of kin.
Court Disposition
application dismissed
Orders
- The reference and application are dismissed with no orders as to costs.
- The landlord to refund the deposit of Kshs 1,500/-.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE BUSINESS PREMISES RENT TRIBUNAL
TRIBUNAL CASE NO. E417 OF 2021 NAIROBI
FRANCIS MBUVI………….………………………………….……APPLICANT/TENANT
AND
EDWARD ROMBO…………….…………………..… 1ST RESPONDENT /LANDLORD
RULING
1. By way of certificate of urgency, the Tenant filed at the application dated 13th August 2021 seeking amongst other reliefs reinstatement and restraining orders as against the Landlord from evicting them and to continue paying Kshs 5,000/.
2. He states that he owned a business with his late aunt who died on 6th August 2021.
3. The aunt died and the business was closed. He states that he was the next of kin and ready to take over the business.
4. Appearance was entered on behalf of the Respondent on 30th August 2021 and a Replying Affidavit filed.
5. I have looked at the documents on record and key question is whether the Landlord/Tenant contract between the aunt and Rombo supersedes the death of the aunt so that the going concern (business) could be handed over to the next of kin. This is premised on whether the business had perpetual succession.
6. I am not privy to any documents produced before me as to the nature of the business being that with perpetual succession.
7. As such I am unable to declare it as such. It appears there was an agreement between Rombo and the late aunt which agreement in the absence of the aunt would have no legal leg to stand upon.
8. As such, there would be nothing to pass over to the next of kin. The contract stands frustrated by death.
9. The law also states how next of kin out to be evidenced via letters of administration. In the first instance. That has not been produced as well but I need to get to that.
10. The reference and application are dismissed with no orders as to costs.
11. The Landlord to refund the deposit of Kshs 1,500/-.
12. The Landlord to release any goods of the late Tenant that he is holding to the alleged next of kin.
HON A. MUMA
VICE CHAIR
BUSINESS PREMISES RENT TRIBUNAL
Ruling dated, signed and delivered virtually by Hon A. Muma this 4thday ofJanuary 2022 in the presence of Francis Mbuvi (Tenant)andRamkofor theLandlordinperson.
HON A. MUMA
VICE CHAIR
BUSINESS PREMISES RENT TRIBUNAL