[2025] KEBPRT 256 (KLR)

[2025] KEBPRT 256 (KLR)

The tribunal found that the applicant established a prima facie case as his tenancy rights were threatened by the respondent's actions, including attempted eviction and harassment. While the applicant did not deny owing arrears, the landlord failed to follow due process in seeking to alter lease terms and attach goods for arrears. The tribunal emphasized that any attachment or eviction must comply with statutory procedures, including proper notice. The applicant's willingness to pay rent and resolve arrears was noted, and the tribunal held that the landlord must accept rent payments and provide account details. The tribunal granted injunctive relief restraining eviction and unlawful...

Citation
[2025] KEBPRT 256 (KLR)
Parties
Applicant: Leonard Ndungu Mbugua; Respondent: Robert Njoka Muthara
Court
Business Premises Rent Tribunal
Jurisdiction
Kenya
Judgment Date
12 March 2025
Case Number
Tribunal Case E045 of 2024
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Injunction and Related Reliefs
Outcome
application partly allowed
Judges
P Kitur
Legal Topics
Controlled Tenancy, Injunctive Relief, Rent Arrears, Distress for Rent, Unlawful Eviction
Source Language
English
Land and Property Civil Procedure Controlled Tenancy Injunctive Relief Rent Arrears Distress for Rent Unlawful Eviction

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Parties

Leonard Ndungu Mbugua

Applicant

Robert Njoka Muthara

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Interlocutory Injunction and Related Reliefs

Legal Issues

  1. 1 Whether the applicant is entitled to injunctive relief restraining eviction and harassment by the landlord.
  2. 2 Whether the landlord was justified in attaching the applicant's goods for rent arrears without due process.
  3. 3 Whether the applicant should be allowed to deposit rent with the tribunal or landlord.

Ratio Decidendi

The tribunal found that the applicant established a prima facie case as his tenancy rights were threatened by the respondent's actions, including attempted eviction and harassment. While the applicant did not deny owing arrears, the landlord failed to follow due process in seeking to alter lease terms and attach goods for arrears. The tribunal emphasized that any attachment or eviction must comply with statutory procedures, including proper notice. The applicant's willingness to pay rent and resolve arrears was noted, and the tribunal held that the landlord must accept rent payments and provide account details. The tribunal granted injunctive relief restraining eviction and unlawful...

Court Disposition

application partly allowed

Orders

  • The landlord, his agents, servants, or anyone claiming through him, are restrained from evicting, harassing, or denying the tenant quiet enjoyment of the suit premises at Plot L.R No. Embu Municipality 112/114, Shop No. 1, Embu Town.
  • The respondent is restrained from instructing any auctioneer or taking further steps to attach the applicant's goods/items unless proper legal procedure is followed.