[2021] KEBPRT 293 (KLR)
The tribunal found that the landlord's notice to terminate the tenancy was properly served on the tenant, as evidenced by affidavits and proof of service. Since the tenant did not file any objection or reference to the tribunal within the prescribed time, the notice became effective on the date specified, thereby...
Source-derived case information.
- Citation
- [2021] KEBPRT 293 (KLR)
- Parties
- Applicant: Kiambaa Properties Co. Ltd; Respondent: Kiriiyu Merchants Auctioneer
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case E142 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Termination of Tenancy and Eviction
- Outcome
- Application allowed. Tenancy terminated and eviction orders granted.
- Legal Topics
- Termination of Tenancy, Eviction Orders, Service of Notice, Non Payment of Rent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kiambaa Properties Co. Ltd
Applicant
Kiriiyu Merchants Auctioneer
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Termination of Tenancy and Eviction
Legal Issues
- 1 Whether the notice to terminate tenancy was properly served upon the tenant.
- 2 Whether the tenant filed an objection or reference to the tribunal against the notice to terminate tenancy.
- 3 Whether the landlord is entitled to orders terminating the tenancy and evicting the tenant for non-payment of rent.
Ratio Decidendi
The tribunal found that the landlord's notice to terminate the tenancy was properly served on the tenant, as evidenced by affidavits and proof of service. Since the tenant did not file any objection or reference to the tribunal within the prescribed time, the notice became effective on the date specified, thereby terminating the tenancy as per section 10 of Cap 301. The continued occupation of the premises by the tenant without payment of rent further justified the grant of the orders sought by the landlord. The tribunal therefore allowed the application for termination of tenancy and eviction.
Court Disposition
Application allowed. Tenancy terminated and eviction orders granted.
Orders
- The tenancy between the parties is terminated effective 1st April 2021.
- The respondent is ordered to vacate the suit premises known as Kiambaa Ngara Road.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
BUSINESS PREMISES RENT TRIBUNAL
TRIBUNAL CASE NO E142 OF 2021 (NAIROBI)
KIAMBAA PROPERTIES CO. LTD......................LANDLORD/APPLICANT
VERSUS
KIRIIYU MERCHANTS AUCTIONEER...............TENANT/RESPONDENT
RULING
1. The Landlord/Applicant’s application dated 13th May 2021 seeks orders terminating the tenancy between the parties herein and thereafter, orders evicting the Tenant from the suit premises known as Kiambaa Ngara Road. The Applicant has further sought the assistance of the OCS Parklands Police Station in ensuring compliance with the court orders.
2. The application is mainly based on the grounds that the Respondent/Tenant was served with a notice to terminate the tenancy herein and it has never filed an objection to the said notice. The other notable ground is that the Tenant/Respondent continues occupying the suit premises without paying rent.
3. The application is also supported by the affidavit of Edwin Thuo with the authority of the Directors of the Landlord exhibited in the said affidavit.
4. On 23rd June 2021, the court was not satisfied that service in the matter was done at all. The Landlord/Applicant was ordered to serve the application for a fresh hearing on 27th July 2021. On 27th July 2021, the Landlord’s counsel informed the court that she had served the application and duly filed her affidavit of service. I do note that the service referred to was effected through G4S offices, Safari Club Branch, Nairobi. A receipt was duly issued by the G4S Offices.
5. I have also seen the affidavit of Joseph Wanjohi sworn on 6th March 2021. In the said affidavit, the process server confirms that the Landlord’s notice to terminate tenancy was dully served upon the Tenant on 18th January 2021. I am satisfied that the notice to terminate tenancy was property served.
6. The notice to terminate tenancy having not been opposed by the filing of the reference to the Tribunal, then the same became effective on the date specified therein, 1st April 2021, the tenancy therefore stands terminated from that date in terms of section 10 of Cap 301 which is in the following terms;
“Where a Landlord has served a notice in accordance with the requirements of section 4 of this Act, on a Tenant fails within the appropriate time to notify the Landlord of his unwillingness to comply with such notice or to refer the matter to a Tribunal then subject to section 6 of this Act, such notice shall have effect from the date therein specified to terminate the tenancy or terminate or alter the terms and conditions thereof or the rights or services enjoyed thereunder.”
7. I therefore allow the Landlord’s application in terms of prayer 2, 3 and 4 of its application dated 13th May 2021.
HON. CYPRIAN MUGAMBI NGUTHARI
CHAIRMAN
BUSINESS PREMISES RENT TRIBUNAL
Ruling dated, signed and delivered virtually by Hon Cyprian Mugambi Nguthari this 3rdday of September, 2021 in the absence of the parties.
HON. CYPRIAN MUGAMBI NGUTHARI
CHAIRMAN
BUSINESS PREMISES RENT TRIBUNAL