[2023] KEBPRT 1237 (KLR)
The Tribunal found that the landlord had established a clear case for the orders sought, having demonstrated that the tenant was in substantial arrears of rent and electricity, and that proper notice to terminate the tenancy had been issued and served. The tenant failed to oppose the application or provide any...
Source-derived case information.
- Citation
- [2023] KEBPRT 1237 (KLR)
- Parties
- Applicant: Joseph Kinuthia Macharia; Respondent: Dennis Kinuthia Maragara
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case E443 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Landlord's Application for Disconnection, Restraining Orders, and Eviction
- Outcome
- Application allowed; orders granted as prayed in prayers 2, 3, 4, and 5.
- Judges
- CN Mugambi
- Legal Topics
- Landlord Tenant Disputes, Eviction, Arrears of Rent, Electricity Bill Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Kinuthia Macharia
Applicant
Dennis Kinuthia Maragara
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Landlord's Application for Disconnection, Restraining Orders, and Eviction
Legal Issues
- 1 Whether the landlord is entitled to disconnect electricity supply to the suit premises due to non-payment by the tenant.
- 2 Whether the landlord is entitled to an order restraining the tenant from further activities on the premises.
- 3 Whether the landlord is entitled to an eviction order against the tenant for non-payment of rent and electricity.
Ratio Decidendi
The Tribunal found that the landlord had established a clear case for the orders sought, having demonstrated that the tenant was in substantial arrears of rent and electricity, and that proper notice to terminate the tenancy had been issued and served. The tenant failed to oppose the application or provide any justification for non-payment or for remaining in the premises. The Tribunal held that the landlord was entitled to disconnect electricity, restrain the tenant from further activities, and proceed with eviction, as the application was unopposed and supported by documentary evidence. The Tribunal emphasized that due process was followed and the tenant had been given adequate notice.
Court Disposition
Application allowed; orders granted as prayed in prayers 2, 3, 4, and 5.
Orders
- The landlord is allowed to disconnect electricity supply to the suit premises (Githunguri Githiga/T 651/58, account No. 12055034).
- The tenant is restrained from making any other activities to the suit premises.
Full Case Text
Judgment text and source record
21 paragraphs
Macharia v Maragara (Tribunal Case E443 of 2023) [2023] KEBPRT 1237 (KLR) (22 June 2023) (Ruling)
Neutral citation: [2023] KEBPRT 1237 (KLR)
Republic of Kenya
In the Business Premises Rent Tribunal
Tribunal Case E443 of 2023
CN Mugambi, Chair
June 22, 2023
Between
Joseph Kinuthia Macharia
Landlord
and
Dennis Kinuthia Maragara
Tenant
Ruling
1. The landlord’s application dated 28. 4.2023 seeks orders that the Applicant be allowed to have the electricity supply to Githunguri Githiga/T 651/58 (the suit premises) supplied vide account No. 12055034 disconnected, an order restraining the tenant from making any other activities to the suit premises and an order of eviction against the tenant from the suit premises to be enforced by the OCS Githiga police station. The usual prayer for costs has also been included.
2. The landlord has filed an affidavit in support of his application wherein he has deponed that he leased out the suit premises to the tenant on 20. 2.2021 at an agreed monthly rent of Kshs. 10,000/=. Under the said lease the tenant was to pay his electricity bills through the account of one Peter Kimani Ac No. 12055034.
3. Since taking over the premises, the tenant has failed to pay rent and electricity and is in arrears of Kshs. 260,000/= and Kshs. 158,332. 58 respectively.
4. I have perused the documents filed by the landlord and I note that a notice to terminate tenancy had been issued to the tenant. The notice has an effective date of 1. 4.2023 having been issued on/dated 12. 1.2023. the grounds upon which the notice has been brought are non-payment of rent and electricity.
5. I have also seen a letter dated 6. 3.2023 addressed to the tenant by the landlord wherein the landlord has complained that the tenant has carried out repairs and alterations of the premises without the landlord’s prior consent. The letter also reminds the tenant that he is to vacate the premises by 1. 4.2023 as per the notice of termination of tenancy dated 12. 1.2023. I have also seen the billing statement from Kenya Power and it supports the landlord’s statement that the tenant owes electricity payments in the sum of Kshs. 158,332. 58/=.
6. The landlord’s application is well founded and also considering the tenant was served and never opposed the same, I do find that the same has merits and I allow the same, in terms of prayers, 2, 3, 4 and 5.
RULING DATED, SIGNED AND DELIVERED VIRTUALLY THIS 22ND DAY OF JUNE 2023HON. CYPRIAN MUGAMBICHAIRPERSON22. 6.2023In the presence of;Mr. Macharia ----------landlordIn the absence of the tenant