[2021] KEBPRT 635 (KLR)
The tribunal found that the landlord had proved, on a balance of probabilities, that the tenant was in arrears of rent amounting to Kshs 2,300,000 as of 23rd March 2021. The evidence of the landlord stood unchallenged, as the tenant failed to attend the hearing or respond to the claim despite proper service. The...
Source-derived case information.
- Citation
- [2021] KEBPRT 635 (KLR)
- Parties
- Applicant: Jacob Mati Ajoi; Respondent: Gaiah Diria Ado
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 62 of 2018
- Procedural Posture
- Rent Dispute Application / Ruling
- Outcome
- claim allowed
- Legal Topics
- Landlord Tenant Disputes, Rent Arrears, Eviction Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jacob Mati Ajoi
Applicant
Gaiah Diria Ado
Respondent
Procedural Posture
Rent Dispute Application / Ruling
Legal Issues
- 1 Whether the tenant is in arrears of rent as claimed by the landlord.
- 2 Whether the landlord is entitled to recover the outstanding rent and possession of the premises.
- 3 Whether the landlord is entitled to levy distress for rent.
Ratio Decidendi
The tribunal found that the landlord had proved, on a balance of probabilities, that the tenant was in arrears of rent amounting to Kshs 2,300,000 as of 23rd March 2021. The evidence of the landlord stood unchallenged, as the tenant failed to attend the hearing or respond to the claim despite proper service. The tribunal held that the landlord was entitled to recover the outstanding rent, obtain vacant possession of the premises, and levy distress for the arrears. The tribunal further ordered the tenant to vacate the premises within thirty days, failing which eviction would be enforced, and awarded costs to the landlord.
Court Disposition
claim allowed
Orders
- The tenant owes the landlord rent arrears amounting to Kshs 2,300,000.
- The tenant shall pay the landlord the sum of Kshs 2,300,000 as rent arrears.
Full Case Text
Judgment text and source record
40 paragraphs
REPUBLIC OF KENYA
BUSINESS PREMISES RENT TRIBUNAL
TRIBUNAL CASE NO 62 OF 2018 (MERU)
JACOB MATI AJOI........................................LANDLORD/APPLICANT
VERSUS
GAIAH DIRIA ADO........................................TENANT/RESPONDENT
RULING
The Landlord’s complaint is the one dated 6th August 2018. It is to the effect that;
1. The complaint concerns Tenant in that he has defaulted to pay rent for eight (8) months contrary to Cap 301 Laws of Kenya that amounts to Kshs 1,080,000/- (one million and eighty thousand Kenya shillings). I pray to this honourable court to levy distress.
2. The notice under section 4(2) of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act has been issued and the Tenant has not complied.
This matter came up for hearing on 22nd March 2021 when the same could not proceed due to the fact that the counsel for the Applicant/Landlord had not filed an affidavit of service. At the request of counsel for the Tenant and considering the age of the matter, the same was pushed to 23rd March 2021 for hearing. The Landlord’s counsel was ordered to effect service on 23rd March 2021, the matter proceeded for hearing upon the Tribunal being satisfied that the counsel for the Landlord had effected proper service upon the Tenant.
The Landlord’s Case
The Landlord in support of his case stated as follows;
1. That he is the Landlord to the Tenant on the premises known as Maua/Amwathi 3875.
2. That the rent agreed upon was Kshs 150,000 per month payable every six months (bi-annually).
3. That the Tenant has been subletting the premises.
4. That about three years ago, the Tenant started having problems with the payment of rent.
5. That due to this problematic rent payments the Landlord sued the Tenant in the present case.
6. That this Tribunal has made orders for the payment of rent but the Tenant has failed to honor/obey/comply with the orders.
7. That the Landlord’s efforts to enforce the court orders were frustrated by the then OCS.
8. The Tenant has not paid a single coin since January 2020 to date.
9. The rent outstanding as at 23rd March 2021 is Kshs 2,300,000/-.
10. The Tenant has refused to pay the rent or to even pick he calls of the Landlord.
11. The Tenant has sub-tenants but he rents out some rooms as lodgings on a day to day basis.
12. That the Landlord prays that the Tenant leaves his premises and pays the outstanding rent.
The Tenant was served to attend court on 23rd March 2021 an affidavit of service was dully filed and the Tribunal was satisfied that service upon the Tenant was proper. The Tenant did not attend the hearing and the evidence of the Landlord on record stands unchallenged.
That being the case, I do find that the Landlord has proved his case on a balance of probability and do hereby make the following orders;
1. That the Tenant owes the Landlord rent arrears amounting to Kshs 2,300,000/-.
2. That the Tenant does pay the Landlord the sum of Kshs 2,300,000/- being the rent arrears.
3. That the Tenant to vacate the Landlord’s premises within thirty days from the date hereof failing which the Landlord shall evict the Tenant.
4. That the Landlord is at liberty to levy distress for the outstanding rent of Kshs 2,300,000/-.
5. That the Tenant shall bear the costs of these proceedings.
CYPRIAN MUGAMBI NGUTHARI
CHAIRMAN
BUSINESS PREMISES RENT TRIBUNAL
Court:
Ruling delivered in open court by Hon Cyprian Mugambi Nguthari this 6th day of April, 2021 in the presence of Ms Karanja for the Landlord/Applicant and in the absence of the Tenant.
CYPRIAN MUGAMBI NGUTHARI
CHAIRMAN
BUSINESS PREMISES RENT TRIBUNAL