[2021] KEBPRT 395 (KLR)
The tribunal found that the applicant's application was properly served and remained unopposed, with no response from the respondents. The applicant established that the landlord, through the auctioneer, had proclaimed goods for disputed rent arrears without providing a statement of accounts. The tribunal was...
Source-derived case information.
- Citation
- [2021] KEBPRT 395 (KLR)
- Parties
- Applicant: George Mugoye Mbeya t/a Mugoye & Associates Advocates; Respondent: Board of Trustees of the National Social Security Fund
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 255 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Injunction Application
- Outcome
- application allowed
- Legal Topics
- Commercial Landlord Tenant Disputes, Interlocutory Injunctions, Rent Arrears, Proclamation of Goods
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Mugoye Mbeya t/a Mugoye & Associates Advocates
Applicant
Board of Trustees of the National Social Security Fund
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Injunction Application
Legal Issues
- 1 Whether the landlord and its agents should be restrained from interfering with the tenant's occupation and enjoyment of the suit premises pending determination of the application.
- 2 Whether the claimed rent arrears are due and owing by the tenant.
- 3 Whether the landlord's failure to provide a statement of accounts justifies the grant of injunctive relief.
Ratio Decidendi
The tribunal found that the applicant's application was properly served and remained unopposed, with no response from the respondents. The applicant established that the landlord, through the auctioneer, had proclaimed goods for disputed rent arrears without providing a statement of accounts. The tribunal was satisfied that the applicant had demonstrated a prima facie case and that irreparable harm would result if the orders were not granted. Accordingly, the tribunal allowed the application and restrained the landlord and its agents from interfering with the tenant's occupation and enjoyment of the premises pending determination of the application.
Court Disposition
application allowed
Orders
- The landlord, auctioneer, and their agents are restrained from interfering in any manner with the tenant's tenancy, occupation, and enjoyment of the suit premises pending hearing and determination of the application.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
BUSINESS PREMISES RENT TRIBUNAL
TRIBUNAL CASE NO 255 OF 2021 (NAIROBI)
GEORGE MUGOYE MBEYA T/A
MUGOYE & ASSOCIATES ADVOCATES.....................TENANT/APPLICANT
VERSUS
BOARD OF TRUSTEES OF THE
NATIONAL SOCIAL SECURITY FUND...AUCTIONEER/2ND RESPONDENT
RULING
The Tenant’s application dated 18th March 2021 in the main suit seeks orders;
1. That the Landlord/Auctioneers/Respondent’s either by themselves, their servants and/or agents be restrained in any manner interfering with the Tenant’s tenancy, occupation and enjoyment of the suit premises pending the hearing and determination of the application.
The application is based on the grounds;
1. That the Landlord through the Auctioneer has proclaimed the Tenant’s goods for rent arrears.
2. The claimed rent arrears of Kshs 1,439,714. 00 is not due or owed.
3. The Landlord’s agents have failed to provide to the Tenant a statement of accounts.
4. That the Tenant only owes costs 334,549/- payable quarterly and which is not due anyway.
5. That unless the orders are granted, the Tenant will suffer irreparable harm and damage and his application will be rendered nugatory.
The application is supported by the affidavit of George Mugote Mbeya. I have relied and considered the same. The Tenant’s application was properly served upon the Respondents. There is an affidavit of service sworn by one John Dennis Omondi. The Respondents have not filed any responses to the application, the same is unopposed.
In the premises, I proceed to allow the Tenant’s application dated 18th March 2021.
CYPRIAN MUGAMBI NGUTHARI
CHAIRMAN
BUSINESS PREMISES RENT TRIBUNAL
RULING READ AND DELIVERED VIRTUALLY BY HON GAKUHI CHEGE THIS 12TH DAY OF MAY 2021 DAY IN THE ABSENCE OF THE PARTIES.
HON GAKUHI CHEGE
VICE CHAIR
BUSINESS PREMISES RENT TRIBUNAL