[2021] KEBPRT 434 (KLR)
The tribunal found that the landlord had properly served the tenant by affixing the relevant documents to the tenant's door after finding the premises closed. The tenant did not oppose the application or appear in court. Given the tenant's desertion of the premises, non-payment of rent, and the landlord's inability...
Source-derived case information.
- Citation
- [2021] KEBPRT 434 (KLR)
- Parties
- Applicant: Jasper Ndeke; Respondent: Julius Maina
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case 320 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application
- Outcome
- Application allowed as prayed in prayers 2, 3, and 4 of the notice of motion dated 12th April 2021.
- Legal Topics
- Landlord Tenant Disputes, Rent Arrears, Distress for Rent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jasper Ndeke
Applicant
Julius Maina
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the landlord is entitled to break into the premises and gain access under police supervision.
- 2 Whether the landlord is entitled to sell distrainable goods found in the tenant's premises to recover rent arrears.
- 3 Whether service of the application on the tenant was proper.
Ratio Decidendi
The tribunal found that the landlord had properly served the tenant by affixing the relevant documents to the tenant's door after finding the premises closed. The tenant did not oppose the application or appear in court. Given the tenant's desertion of the premises, non-payment of rent, and the landlord's inability to trace the tenant, the tribunal held that the landlord was entitled to break into the premises under police supervision and to sell any distrainable goods found therein to recover rent arrears. The tribunal further ordered that an account of any sale be rendered to the tribunal within seven days, with the inventory witnessed by the OCS Kamukunji Police Station or...
Court Disposition
Application allowed as prayed in prayers 2, 3, and 4 of the notice of motion dated 12th April 2021.
Orders
- The landlord is allowed to break into the business premises and gain access under supervision of the OCS Kamukunji Police Station.
- The landlord is allowed to sell any distrainable goods found in the tenant's premises to recover rent arrears through an appointed auctioneer.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
BUSINESS PREMISES RENT TRIBUNAL
TRIBUNAL CASE NO 320 OF 2021 (NAIROBI)
JASPER NDEKE...........LANDLORD/APPLICANT
VERSUS
JULIUS MAINA..............TENANT/RESPONDENT
RULING
The Landlord’s notice of motion application dated 12th April 2021 seeks the following orders;
1. Spent.
2. That the Applicant/Landlord be allowed to break into the business premises and gain access with the supervision of the OCS Kamukunji Police Station.
3. That the Landlord/Applicant be and is hereby allowed to sell any distrainable goods if any found in the Tenant’s premises to recover rent arrears through an appointed auctioneer.
4. Costs.
The application is supported by the affidavit of Jasper Ndeke the Landlord and I summarize the same as follows;
1. That the Respondent is the Applicant’s Tenant paying a monthly rent of Kshs 7,000/-.
2. That the Tenant deserted the suit premises on or about September 2020 and has not been paying rent to date.
3. That the demised premises is now dilapidated.
4. That the Applicant cannot trace the whereabouts of the Tenant.
5. That the Applicant/Landlord continues to suffer as he is not receiving any rent from the premises.
The Tenant/Respondent herein has not opposed the application. When this matter came up for hearing on 19th May 2021, the Landlord indicated that the Landlord had served the Tenant and filed an affidavit of service. I have seen the affidavit of service filed in court by Albert Nderitu. In it, he states that since the Tenant’s premises were closed, he pasted the order, application under certificate of urgency, notice of motion and complaint on the Tenant’s door.
In the circumstances of this case, I do find service to have been proper. I do therefore allow the Landlord’s application in terms of prayer 2, 3 and 4 of the application dated 12th April 2021.
In addition, the Landlord shall upon sale of an of the Tenant’s goods found inside the premises, and within seven days of such sale, render an account of the sale of any such goods to the tribunal. The inventory of the goods to be witnessed by the OCS Kamukunji Police Station or his representative.
CYPRIAN MUGAMBI NGUTHARI
CHAIRMAN
BUSINESS PREMISES RENT TRIBUNAL
Court:
RULING DATED, SIGNED AND DELIVERED VIRTUALLY BY HON GAKUHI CHEGE THIS 2ND DAY OF JUNE 2021 IN THE ABSENCE OF THE PARTIES.
HON GAKUHI CHEGE
VICE CHAIR
BUSINESS PREMISES RENT TRIBUNAL