[2023] KEBPRT 1242 (KLR)
The Tribunal found that it had already delivered a final decision on the merits of the dispute between the landlord and tenant, including orders regarding payment of rent arrears, quiet enjoyment, and the landlord's liberty to levy distress or issue a fresh notice to terminate tenancy. The present application by the...
Source-derived case information.
- Citation
- [2023] KEBPRT 1242 (KLR)
- Parties
- Tenant: Augustine Kiangi; Landlord: Consolata M. Danson
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case E204 of 2022
- Procedural Posture
- Tribunal Application / Ruling on Post Judgment Application
- Outcome
- Application dismissed; no orders as to costs.
- Judges
- CN Mugambi
- Legal Topics
- Landlord Tenant Disputes, Rent Arrears, Vacant Possession, Distress for Rent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Augustine Kiangi
Tenant
Consolata M. Danson
Landlord
Procedural Posture
Tribunal Application / Ruling on Post Judgment Application
Legal Issues
- 1 Whether the Tribunal can grant the landlord's application for payment of rent arrears, vacant possession, and leave to break into the premises after a final decision has been delivered.
- 2 Whether the Tribunal is functus officio in respect of the landlord's application.
Ratio Decidendi
The Tribunal found that it had already delivered a final decision on the merits of the dispute between the landlord and tenant, including orders regarding payment of rent arrears, quiet enjoyment, and the landlord's liberty to levy distress or issue a fresh notice to terminate tenancy. The present application by the landlord sought reliefs that had already been addressed in the final decision. As such, the Tribunal held that it was functus officio and lacked jurisdiction to entertain the application. The application was therefore dismissed for lack of merit.
Court Disposition
Application dismissed; no orders as to costs.
Orders
- The landlord's application dated 23.5.2023 is dismissed.
- No orders as to costs.
Full Case Text
Judgment text and source record
20 paragraphs
Kiangi v Kiangi (Tribunal Case E204 of 2022) [2023] KEBPRT 1242 (KLR) (3 August 2023) (Ruling)
Neutral citation: [2023] KEBPRT 1242 (KLR)
Republic of Kenya
In the Business Premises Rent Tribunal
Tribunal Case E204 of 2022
CN Mugambi, Chair
August 3, 2023
Between
Augustine Kiangi
Tenant
and
Consolata M. Danson
Landlord
Ruling
1. The application by the landlord dated 23. 5.2023 seeks orders that the tenant be compelled to pay all outstanding rent arrears, give vacant possession of the suit premises and that the landlord be granted leave to break into the premises and remove all the tenant’s tools of trade with the assistance of the OCS Diani police station.
2. This matter proceeded for full hearing on 27. 1.2023 and the Tribunal delivered its final decision in this matter on 10. 3.2023.
3. In its decision, the Tribunal ordered the landlord be restrained from illegally terminating the tenancy between the parties, that the landlady shall grant to the tenant quiet enjoyment and possession of the five classrooms rented out to the tenant, that the tenant shall pay all the outstanding rent arrears within the next thirty (30) days failing which the landlady will be at liberty to levy distress for rent, that the landlady is at liberty to issue a fresh notice to terminate tenancy forthwith if she so wishes, and that each party would bear their own costs.
4. The prayers sought by the landlady/Applicant in the instant application have already been dealt with. This matter has effectively been fully determined and consequently this Tribunal is functus officio.
5. I find no merits in the application and the same is hereby dismissed with no orders as to costs.
RULING DATED, SIGNED AND DELIVERED VIRTUALLY THIS 3RD DAY OF AUGUST 2023. HON. CYPRIAN MUGAMBICHAIRPERSON3. 08. 2023In the absence of the parties