[2025] KEBPRT 317 (KLR)

[2025] KEBPRT 317 (KLR)

The tribunal found that the landlord, in breach of the relevant Act and without court authority, locked the tenant out of the premises. This unlawful action justified granting an order restraining the landlord from interfering with the tenant's quiet possession. However, the tribunal also recognized that the tenant was in substantial rent arrears at the time of closure. The tribunal allowed the tenant's application to the extent of restoring quiet possession, conditional upon the tenant settling all rent arrears of Kshs.70,000 before the date of the ruling. In default, the landlord was permitted to levy distress for recovery of the arrears with police assistance. Each party was ordered to...

Citation
[2025] KEBPRT 317 (KLR)
Parties
Applicant: Thomas Chula Kai; Respondent: Martin Kafani Ngolo
Court
Business Premises Rent Tribunal
Jurisdiction
Kenya
Judgment Date
20 June 2025
Case Number
Tribunal Case E119 of 2025
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application
Outcome
Application allowed in part; tenant restored to quiet possession subject to payment of arrears; costs to each party.
Judges
N Wahome, Joyce Murigi
Legal Topics
Landlord Tenant Disputes, Unlawful Eviction, Rent Arrears, Interlocutory Injunctions
Source Language
English
Land and Property Civil Procedure Landlord Tenant Disputes Unlawful Eviction Rent Arrears Interlocutory Injunctions

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Parties

Thomas Chula Kai

Applicant

Martin Kafani Ngolo

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Interlocutory Application

Legal Issues

  1. 1 Whether the landlord unlawfully locked the tenant out of the premises in breach of the law.
  2. 2 Whether the tenant is entitled to reinstatement and quiet possession of the premises pending determination of the reference.
  3. 3 Whether the tenant is entitled to compensation for alleged loss of goods and business income.

Ratio Decidendi

The tribunal found that the landlord, in breach of the relevant Act and without court authority, locked the tenant out of the premises. This unlawful action justified granting an order restraining the landlord from interfering with the tenant's quiet possession. However, the tribunal also recognized that the tenant was in substantial rent arrears at the time of closure. The tribunal allowed the tenant's application to the extent of restoring quiet possession, conditional upon the tenant settling all rent arrears of Kshs.70,000 before the date of the ruling. In default, the landlord was permitted to levy distress for recovery of the arrears with police assistance. Each party was ordered to...

Court Disposition

Application allowed in part; tenant restored to quiet possession subject to payment of arrears; costs to each party.

Orders

  • The tenant shall be allowed complete quiet possession of the demised premises pending hearing and determination of the reference.
  • The tenant shall have settled all rents in arrears at Kshs.70,000 before the date of this ruling; in default, the landlord may levy distress with police assistance at the tenant's expense.