[2022] KEBPRT 203 (KLR)
The Tribunal found that the respondents, as tenants, failed to remit rent to the landlord or its authorized agents and did not oppose the application despite being represented by counsel. The landlord demonstrated that internal management issues had been resolved and that it had duly appointed directors authorized...
Source-derived case information.
- Citation
- [2022] KEBPRT 203 (KLR)
- Parties
- Applicant: Kiandas Limited; Respondent: Charles Muriungi & 16 Others
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case E074 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Unopposed Motion for Rent Remittance Orders
- Outcome
- Application allowed as unopposed; orders granted in terms of prayer (b).
- Judges
- Gakuhi Chege
- Legal Topics
- Landlord Tenant Disputes, Rent Collection, Business Premises Rent, Unopposed Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kiandas Limited
Applicant
Charles Muriungi & 16 Others
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Unopposed Motion for Rent Remittance Orders
Legal Issues
- 1 Whether the tenants should be ordered to remit accruing monthly rent to the landlord's designated bank account.
- 2 Whether the landlord is entitled to costs and authorization to recover outstanding rent by lawful means.
Ratio Decidendi
The Tribunal found that the respondents, as tenants, failed to remit rent to the landlord or its authorized agents and did not oppose the application despite being represented by counsel. The landlord demonstrated that internal management issues had been resolved and that it had duly appointed directors authorized to collect rent. In the absence of any response or opposition from the tenants, the Tribunal allowed the application, ordering the tenants to remit accruing monthly rent to the landlord's designated bank account, awarded costs to the landlord, and authorized the landlord to recover outstanding rent by lawful means if not paid within fourteen days.
Court Disposition
Application allowed as unopposed; orders granted in terms of prayer (b).
Orders
- Tenants to remit accruing monthly rent to the landlord's designated bank account with effect from January 1, 2022.
- Applicant/landlord awarded costs assessed at Kshs. 17,000, with each tenant to pay Kshs. 1,000 together with outstanding rent.
Full Case Text
Judgment text and source record
21 paragraphs
Kiandas Limited v Charles Muriungi & 16 Others (Tribunal Case E074 of 2022) [2022] KEBPRT 203 (KLR) (6 May 2022) (Ruling)
Neutral citation: [2022] KEBPRT 203 (KLR)
Republic of Kenya
In the Business Premises Rent Tribunal
Tribunal Case E074 of 2022
Gakuhi Chege, Vice Chair
May 6, 2022
Between
Kiandas Limited
Applicant
and
Charles Muriungi & 16 Others
Respondent
Ruling
1. The landlord moved this Tribunal vide a motion dated January 20, 2022 seeking that the tenants be ordered to forthwith remit to it their accruing monthly rent in respect of plot no. A21 NoonKopir Trading Centre, Kitengela Township Kajiado to bank account whose details will be furnished by the applicant with effect from January 1, 2022.
2. The application is supported by the affidavit of Francis Ndungu Wangombe a director of the Landlord Company and the grounds on the face thereof. It is deposed that the Respondents who are the Landlord’s tenants have been taking advantage of internal management problems of the landlord company which have since been resolved.
3. The Respondents are accused of failure to remit rent to the landlord company or to its duly appointed and/or authorized agents.
4. The company has appointed directors as per annexure ‘FNW3’ who are duly authorized to collect rent from the business premises occupied by the Respondents.
5. The respondents did not file any response to the application despite having been represented by counsel on February 17, 2022 and March 15, 2022.
6. As such the application being unopposed is for allowing and I proceed to make the following final orders:-(i) The application dated January 20, 2022 is allowed in terms of prayer (b) thereof.(ii) The applicant/landlord is awarded costs assessed at Kshs.17000/- with each tenant paying Kshs.1000/- to be paid together with outstanding rent.(iii) The landlord is authorized to use lawful means to recover all outstanding rent if not paid by the tenants within the next fourteen (14) days hereof.
RULING DATED, SIGNED AND DELIVERED THIS 6TH DAY OF MAY 2022. HON. GAKUHI CHEGEVICE CHAIRBUSINESS PREMISES RENT TRIBUNALRuling delivered in the absence of parties.