[2021] KEBPRT 644 (KLR)
The Tribunal found that the tenant was properly served with the application but failed to respond or appear. Satisfied with the affidavit of service, the Tribunal held that the landlord was entitled to exercise the right of distress for rent arrears under the law. The Tribunal granted leave to the landlord to break...
Source-derived case information.
- Citation
- [2021] KEBPRT 644 (KLR)
- Parties
- Applicant: Ihururu Investments & Cooperative Society; Applicant: Charles Munga Kimita t/a Mwalimu Agencies Co. Ltd; Respondent: Joseph Maina
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 31 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application allowed
- Legal Topics
- Distress for Rent, Commercial Landlord Tenant, Rent Arrears, Eviction Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ihururu Investments & Cooperative Society
Applicant
Charles Munga Kimita t/a Mwalimu Agencies Co. Ltd
Applicant
Joseph Maina
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the landlord is entitled to break into the premises and distrain for outstanding rent arrears.
- 2 Whether proper service was effected on the tenant and if the tenant was given an opportunity to respond.
- 3 Whether the landlord is entitled to costs of the proceedings.
Ratio Decidendi
The Tribunal found that the tenant was properly served with the application but failed to respond or appear. Satisfied with the affidavit of service, the Tribunal held that the landlord was entitled to exercise the right of distress for rent arrears under the law. The Tribunal granted leave to the landlord to break into the premises and distrain for the outstanding rent, subject to the involvement of a licensed auctioneer and oversight by the Tribunal. The Tribunal also ordered that an inventory be taken and an account rendered, ensuring procedural fairness and transparency. Costs were awarded to the landlord due to the tenant's default and failure to contest the application.
Court Disposition
application allowed
Orders
- The landlord/applicant is allowed to break into the business premises and distrain for outstanding rent arrears using a licensed auctioneer.
- An inventory of all distrained goods shall be taken by the auctioneer in the presence of the Tribunal Officer responsible for Nyeri and filed on the Tribunal.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
BUSINESS PREMISES RENT TRIBUNAL
TRIBUNAL CASE NO 31 OF 2021 (NYERI)
IHURURU INVESTMENTS & COOPERATIVE SOCIETY.............LANDLORD/1ST APPLICANT
CHARLES MUNGA KIMITA T/A MWALIMU AGENCIES CO. LTD...AGENT/2ND APPLICANT
VERSUS
JOSEPH MAINA.............................................................................................TENANT/RESPONDENT
RULING
I have now seen the affidavit of service filed by Ruth Nyambura Murigi Process Server. I am satisfied that the Tenant was served and has not filed any response. I, in the circumstances make the following orders;
1. That the Landlord/Applicant is hereby allowed to break into the business premises and distrain for the outstanding rent arrears using a licensed auctioneer.
2. An inventory of all the distrained goods shall be taken by the auctioneer in the presence of the Tribunal Officer responsible for Nyeri and filed on this Tribunal.
3. The Auctioneer shall render an account of the sale of the distrained goods to the Tribunal within 7 days of the sale of the distrained goods.
4. The Landlord shall have the costs of these proceedings.
5. These orders shall apply on Nyeri BPRT No 32 of 2021 and Nyeri BPRT No. 33 of 2021.
CYPRIAN MUGAMBI NGUTHARI
CHAIRMAN
BUSINESS PREMISES RENT TRIBUNAL
Court:
RULING DELIVERED ELECTRONICALLY THIS 7TH DAY OF APRIL, 2021
HON CYPRIAN MUGAMBI NGUTHARI
CHAIRMAN
BUSINESS PREMISES RENT TRIBUNAL