[2024] KEBPRT 185 (KLR)
The Tribunal found that while the landlord's act of locking the premises without a court order was illegal, the tenant failed to promptly approach the Tribunal for relief and did not provide sufficient justification for a waiver of rent arrears or for payment in installments. The Tribunal declined to grant the...
Source-derived case information.
- Citation
- [2024] KEBPRT 185 (KLR)
- Parties
- Applicant: Olivia Njeri Mbugua; Respondent: Joseph Kangari T/A Muhu Holdings; Defendant: Variant Realtors Limited; Defendant: Fredrick Sabatia
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case E869 of 2023
- Procedural Posture
- Tribunal Application / Ruling on Outstanding Prayers in Tenant's Application
- Outcome
- Application allowed in part; injunctive relief granted; waiver and installment payment of arrears declined; costs to tenant.
- Judges
- CN Mugambi
- Legal Topics
- Landlord Tenant Disputes, Illegal Eviction, Rent Arrears, Injunctive Relief
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Olivia Njeri Mbugua
Applicant
Joseph Kangari T/A Muhu Holdings
Respondent
Variant Realtors Limited
Defendant
Fredrick Sabatia
Defendant
Procedural Posture
Tribunal Application / Ruling on Outstanding Prayers in Tenant's Application
Legal Issues
- 1 Whether the tenant is entitled to pay outstanding rent arrears in installments.
- 2 Whether the tenant is entitled to a waiver of rent arrears for the period the premises were locked by the landlord.
- 3 Whether the landlord should be restrained from evicting or interfering with the tenant's possession without a court order.
Ratio Decidendi
The Tribunal found that while the landlord's act of locking the premises without a court order was illegal, the tenant failed to promptly approach the Tribunal for relief and did not provide sufficient justification for a waiver of rent arrears or for payment in installments. The Tribunal declined to grant the waiver or installment payment orders, emphasizing that equity aids the vigilant. However, given the absence of any response from the landlord and the illegality of the closure, the Tribunal granted injunctive relief restraining the landlord from evicting or interfering with the tenant's possession and ordered the reopening of the premises. Costs were awarded to the tenant.
Court Disposition
Application allowed in part; injunctive relief granted; waiver and installment payment of arrears declined; costs to tenant.
Orders
- The landlord is ordered to re-open the suit premises if not already done.
- The landlords/respondents are injuncted and prohibited from illegally evicting the tenant or interfering with her quiet possession, use, and occupation of the premises.
Full Case Text
Judgment text and source record
29 paragraphs
Mbugua v Kangari t/a Muhu Holdings & 2 others (Tribunal Case E869 of 2023) [2024] KEBPRT 185 (KLR) (Commercial & Admiralty) (28 February 2024) (Ruling)
Neutral citation: [2024] KEBPRT 185 (KLR)
Republic of Kenya
In the Business Premises Rent Tribunal
Commercial and Admiralty
Tribunal Case E869 of 2023
CN Mugambi, Chair
February 28, 2024
Between
Olivia Njeri Mbugua
Tenant
and
Joseph Kangari T/A Muhu Holdings
Landlord
and
Variant Realtors Limited
1st Defendant
Fredrick Sabatia
2nd Defendant
Ruling
1. On 11. 09. 2023, the tenant’s application dated 7. 9.2023 was allowed in terms of prayers 1, 2, 3 and 6 thereof. What therefore remains for determination is prayers 4, 5 and 7 of the application.
2. Prayer 4 of the application seeks an order that the tenant be allowed to pay the outstanding rent of Kshs. 4,200/= in installments so as to clear the same in the shortest time possible. At prayer 5, the tenant seeks an order for the waiver of the arrears for the period the premises remained locked by the landlord. Prayer 7 is the usual prayer for costs.
3. The tenant has deponed in her affidavit that she pays to the landlord a monthly rent of Kshs. 17,400/= and that she has paid a deposit of Kshs. 34,800/= which is still held by the landlord.
4. The tenant further depones that on 18. 8.2023, the landlord locked the suit premises as a consequence of which the tenant lost perishable goods in the premises valued at Kshs. 6,000/=.
5. The tenant further depones that the premises were locked as she prepared to pay the rent arrears amounting to Kshs. 4,200/=.
6. The tenant filed her case on 7. 9.2023 and from her affidavit and to which there has been no response, the premises was locked on 18. 8.2023. what was the tenant doing for the period of twenty days before she came to court? I have not found any explanation for the delay in approaching the Tribunal by the tenant for the grant of any necessary orders and although the closure of the premises was patently illegal, I cannot blame the landlord for the failure by the tenant to approach the Tribunal in time. I decline to grant the waiver for the duration of the closure of the premises, equity aids the vigilant.
7. The tenant/Applicant has also prayed for an order that the Tribunal allows her to pay the rent arrears of Kshs. 4,200/= in installments. I have not found any reason in support of this prayer from the tenant’s affidavits. The tenant has not expressed any particular difficulty in the payment of the rent arrears of Kshs. 4,200/= considering she pays a monthly rent of Kshs. 17,000/= and she is not complaining. I also decline this prayer.
8. The tenant’s complaint is that the landlord has locked the suit premises without a court order and threatened to evict the tenant. No response has been filed by the landlord though served. In the circumstances, the complaint and the application are allowed and the following orders are hereby issued;a.That the landlord is ordered to re-open the suit premises if they have not already done so.b.That the landlords/Respondents are hereby injuncted and prohibited from illegally evicting the tenant from the suit premises or in any other manner interfering with the tenant’s quiet possession, use and occupation of the suit premises.c.That the tenant shall have the costs of the Application and the Complaint.
RULING DATED, SIGNED AND DELIVERED VIRTUALLY THIS 28TH DAY OF NOVEMBER 2023. HON. CYPRIAN MUGAMBI -CHAIRPERSON11. 2023Delivered in the absence of the parties