[2023] KEBPRT 16 (KLR)
The tribunal found that it could not conclusively determine the substantive relationship between the parties or the factual situation at the premises based solely on the affidavits and submissions. Allegations of demolition and interference with possession required verification. Therefore, the tribunal ordered a...
Source-derived case information.
- Citation
- [2023] KEBPRT 16 (KLR)
- Parties
- Applicant: Caroline Wairimu Mathu; Respondent: Benjamin Mwangi Mwaura
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case E445 of 2022
- Procedural Posture
- Miscellaneous Application / Interlocutory Ruling on Interim Reliefs Pending Hearing
- Outcome
- Interlocutory orders issued for site inspection; final determination deferred.
- Judges
- A Muma
- Legal Topics
- Landlord Tenant Disputes, Quiet Possession, Interim Injunctions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Caroline Wairimu Mathu
Applicant
Benjamin Mwangi Mwaura
Respondent
Procedural Posture
Miscellaneous Application / Interlocutory Ruling on Interim Reliefs Pending Hearing
Legal Issues
- 1 Whether the landlord can lawfully evict the tenant at this stage.
- 2 Whether the landlord should be restrained from interfering with the tenant's quiet occupation of the premises.
- 3 Whether the electricity supply should be reconnected pending determination of the dispute.
Ratio Decidendi
The tribunal found that it could not conclusively determine the substantive relationship between the parties or the factual situation at the premises based solely on the affidavits and submissions. Allegations of demolition and interference with possession required verification. Therefore, the tribunal ordered a site inspection to establish the current state of the premises and deferred final determination of the tenant's application for restraining orders and reconnection of electricity until after the inspection report is submitted. The tribunal emphasized the need for factual clarity before issuing orders that could affect the parties' rights to occupation or possession.
Court Disposition
Interlocutory orders issued for site inspection; final determination deferred.
Orders
- An inspection of the premises shall be carried out in the presence of both parties on February 17 at 12 noon; parties to share costs.
- The matter shall be fixed for hearing of the reference on March 7, 2023 upon submission of the inspector's report.
Full Case Text
Judgment text and source record
29 paragraphs
Mathu v Mwaura (Tribunal Case E445 of 2022) [2023] KEBPRT 16 (KLR) (Civ) (6 February 2023) (Ruling)
Neutral citation: [2023] KEBPRT 16 (KLR)
Republic of Kenya
In the Business Premises Rent Tribunal
Civil
Tribunal Case E445 of 2022
Andrew Muma, Vice Chair
February 6, 2023
Between
Caroline Wairimu Mathu
Tenant
and
Benjamin Mwangi Mwaura
Landlord
Ruling
A. Parties And Representatives 1. Caroline Wairimu Mathu is the applicant and rented space on the Suit Property known as Homeland Apartments located at Kamenu, Thika-Makongeni for the business. (hereinafter known as the ‘tenants’)
2. The tenant/applicants appears in person in this matter.
3. The respondent Benjamin Mwangi Mwaura is the landlord and rented out space for the business in the suit property to the Tenant. (hereinafter the ‘landlord’)
4. The firm of Kanyi Kiruchi & Co Advocates represent the respondent in this matter.
B. The Dispute Background 5. The Tenant has filed a Reference dated May 26, 2022 as well as a notice of motion application of even date seeking that the landlord reconnect electricity supply back to the premises and be restrained from interfering with their quiet occupation as well as that the landlord be restrained from evicting them.
6. The tenant filed a reference dated May 26, 2022 seeking to restrain the Landlord from interfering with their occupation of the premises. The tenant has also filed a further affidavit.
7. The Landlord has filed a replying affidavit dated August 5, 2022.
C. List Of Issues For Determination 8. It is the contention of this tribunal that the issues raised for determination are as follows;I. Whether the landlord can evict the tenant?
D. Analysis And Findings 9. The tenant approached this tribunal on the basis that the landlord had been harassing them and interfering with their quiet possession of the premises.
10. In response to the above the landlord responded by averring that the allegations made by the tenant are false. They have stated that the tenant has failed to meet their obligations by failing to pay electricity bills contrary to what they allege and as a result, the electricity supply was disconnected by Kenya Power.
11. The tribunal is of the opinion that it is not possible to determine this matter with finality at this stage. It is not clear as to whether there exists a substantive relationship between the parties since they allege that the only factor binding them is supply of electricity.
12. Additionally, the tenant alleges that the landlord sent goons to demolish the premises. In light of this, the tribunal cannot establish the situation as is at the premises prior to conducting a Site Visit.
E. Ordersa.An inspection of the premises shall be carried out in the presence of both parties on February,17 at 12 noon. Parties to share costs. This is to establish the habitability of the premises after demolition.b.The matter shall be fixed for hearing of the reference on March 7, 2023 upon submission of the report by the inspector.c.Costs shall be in the cause.
HON A. MUMAVICE CHAIRBUSINESS PREMISES RENT TRIBUNALJudgment dated, signed and delivered virtually by Hon A. Muma this 6th Day of February 2023 in the presence of Muchemi Holding Brief for Kanyi for the Tenant and in the Absence of the LandlordHON A. MUMAVICE CHAIRBUSINESS PREMISES RENT TRIBUNAL