[2024] KEBPRT 863 (KLR)
The tribunal found that the respondent/landlord had no logical explanation for failing to refund the lump sum paid by the applicant after their agreement fell through. Given the lapse of almost a year without refund and the equities of the case, the tribunal held that the applicant's proposal to settle the decretal...
Source-derived case information.
- Citation
- [2024] KEBPRT 863 (KLR)
- Parties
- Applicant: Allan Ben Juna; Respondent: Betty Anyiko
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case E809 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Mode of Settlement of Decretal Sum
- Outcome
- application allowed in part
- Judges
- N Wahome, Joyce Murigi
- Legal Topics
- Business Premises Rent, Decretal Sum Repayment, Instalment Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Allan Ben Juna
Applicant
Betty Anyiko
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Mode of Settlement of Decretal Sum
Legal Issues
- 1 What is the appropriate monthly installment for repayment of the decretal amount of Kshs.141,000/-.
- 2 Whether the landlord should refund the lump sum paid after the agreement fell through.
Ratio Decidendi
The tribunal found that the respondent/landlord had no logical explanation for failing to refund the lump sum paid by the applicant after their agreement fell through. Given the lapse of almost a year without refund and the equities of the case, the tribunal held that the applicant's proposal to settle the decretal amount by monthly installments of Kshs.20,000 was reasonable and merited. The tribunal thus ordered that the decretal sum of Kshs.141,000 be paid in monthly installments of Kshs.20,000 effective 5/7/2024, with liberty to execute in case of default.
Court Disposition
application allowed in part
Orders
- The landlord shall settle the decretal amount of Kshs.141,000 by monthly installments of Kshs.20,000 effective 5/7/2024 and on the same date of each succeeding month until payment in full.
- In the event of default, the tenant is at liberty to execute at the respondent's costs.
Full Case Text
Judgment text and source record
19 paragraphs
Juna v Anyiko (Tribunal Case E809 of 2023) [2024] KEBPRT 863 (KLR) (21 June 2024) (Ruling)
Neutral citation: [2024] KEBPRT 863 (KLR)
Republic of Kenya
In the Business Premises Rent Tribunal
Tribunal Case E809 of 2023
N Wahome, Chair & Joyce Murigi, Member
June 21, 2024
Between
Allan Ben Juna
Applicant
and
Betty Anyiko
Respondent
Ruling
1. This Ruling is on the contested amount of monthly installment to be effected in repayment of the decretal amount herein and which has been agreed at Kshs.141,000/-. The Respondent/Landlord is seeking to settle the same in monthly installments of Kshs.11,900. On the other hand, the Tenant/Applicant is of the view that an amount of Kshs.20,000/- would be reasonable.
2. We appreciate that Kshs.115,000/- out of the decretal amount had been paid to the landlord in lumpsum. This was on the 5/7/2023. Today is a few days shy of an year since the said money was paid to the landlord. We also note that the Tenant requested for the refund of his money barely six (6) days after the same had been paid to the landlady in lumpsum but which request was not granted. This was after the parties agreement fell through.
3. From the foregoing, there is no logical explanation why the landlord never refunded the funds as requested and as per the understanding between the parties for almost an year now. It is our view that the proposal by the Tenant is merited and will allow the same.
4. In the final analysis we make the following orders:-i.That the landlord shall settle the decretal amount at Kshs.141,000/- by monthly instalments of Kshs.20,000/- effective the 5/7/2024 and on the same date of each succeeding month until payment in full.ii.That in the event of default, the Tenant will be at liberty to execute at the Respondents costs.Those are the orders of the court.
RULING DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 21ST DAY OF JUNE, 2024. HON. NDEGWA WAHOME MBS HON. JOYCE MURIGIPANEL CHAIRPERSON MEMBERBUSINESS PREMISES RENT TRIBUNAL