[2025] KEBPRT 226 (KLR)

[2025] KEBPRT 226 (KLR)

The Tribunal found that although the Tenant and Counsel had been absent from several proceedings and could have acted more diligently, the interests of substantive justice required that the Tenant be allowed to canvass the weighty legal issues raised, including the proper parties to the proceedings and the status of rent arrears. The Tribunal held that the discretion to set aside ex parte orders should be exercised to avoid injustice, and that the evidence on record, including affidavits from alleged co-landlords and family members, raised significant questions about the Landlord's authority and entitlement. The Tribunal also determined that the representatives of the Estates of the late...

Citation
[2025] KEBPRT 226 (KLR)
Parties
Landlord: John Kipngetich arap Kirui & 2 others; Tenant: Geoffrey Kipkirui Langat
Court
Business Premises Rent Tribunal
Jurisdiction
Kenya
Judgment Date
10 April 2025
Case Number
Tribunal Case E068 of 2023
Procedural Posture
Miscellaneous Application / Ruling on Application to Set Aside/vary Orders and for Stay of Execution
Outcome
Application allowed with conditions; orders of 15.10.2024 set aside; joinder of additional landlords; release of attached items; costs to Landlord.
Judges
N Wahome, Joyce Murigi
Legal Topics
Landlord Tenant Disputes, Setting Aside Ex Parte Orders, Joinder of Parties, Rent Arrears, Auctioneer Procedure
Source Language
English
Land and Property Civil Procedure Landlord Tenant Disputes Setting Aside Ex Parte Orders Joinder of Parties Rent Arrears Auctioneer Procedure

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Parties

John Kipngetich arap Kirui & 2 others

Landlord

Geoffrey Kipkirui Langat

Tenant

Procedural Posture

Miscellaneous Application / Ruling on Application to Set Aside/vary Orders and for Stay of Execution

Legal Issues

  1. 1 Whether the orders issued on 15.10.2024 in favour of the Landlord should be set aside, varied, or discharged.
  2. 2 Whether the Tenant/Applicant should be granted a stay of execution of the said orders pending hearing and determination of the application.
  3. 3 Whether the representatives of the Estates of the late Zablon Komingoi Mateget and the late Kipsigei Arap Korir should be joined as parties to the proceedings.

Ratio Decidendi

The Tribunal found that although the Tenant and Counsel had been absent from several proceedings and could have acted more diligently, the interests of substantive justice required that the Tenant be allowed to canvass the weighty legal issues raised, including the proper parties to the proceedings and the status of rent arrears. The Tribunal held that the discretion to set aside ex parte orders should be exercised to avoid injustice, and that the evidence on record, including affidavits from alleged co-landlords and family members, raised significant questions about the Landlord's authority and entitlement. The Tribunal also determined that the representatives of the Estates of the late...

Court Disposition

Application allowed with conditions; orders of 15.10.2024 set aside; joinder of additional landlords; release of attached items; costs to Landlord.

Orders

  • The Application dated 13.11.2024 is allowed and M/S Hegeons Auctioneers shall immediately and unconditionally release all the items attached and collected from the Tenant.
  • The Auctioneers shall file their bill of costs for assessment by the Deputy Registrar of this court.