[2025] KEBPRT 305 (KLR)

[2025] KEBPRT 305 (KLR)

The Tribunal found that the Applicants had established, on a balance of probabilities, the existence of a landlord-tenant relationship with the Respondents, as evidenced by rent payments, Respondents' admissions, and lack of any statutory notice to alter or terminate the tenancy. The Respondents' actions in blocking access and demolishing the perimeter fence were in breach of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, as no proper notice was issued and statutory procedures were not followed. While the Applicants failed to strictly prove the value of lost items and improvements with receipts, the Tribunal accepted their consistent evidence and the...

Citation
[2025] KEBPRT 305 (KLR)
Parties
Applicant: Aineah Anwa Mukabane; Applicant: Patrick Ndingro; Applicant: Joanes Ochieng Olunya; Respondent: Naftary Maina; Respondent: Mwangi Maina; Respondent: Ivory Homes Care Limited
Court
Business Premises Rent Tribunal
Jurisdiction
Kenya
Judgment Date
17 June 2025
Case Number
Tribunal Case E020 of 2024
Procedural Posture
Tribunal Reference / Judgment
Outcome
Applicants' reference allowed in part; compensation for lost items awarded; claim for improvements dismissed; costs to Applicants.
Judges
N Wahome, Joyce Murigi
Legal Topics
Controlled Tenancy, Landlord Tenant Disputes, Quiet Possession, Special Damages, Compensation for Loss, Procedural Compliance
Source Language
English
Land and Property Civil Procedure Controlled Tenancy Landlord Tenant Disputes Quiet Possession Special Damages Compensation for Loss Procedural Compliance

Case Brief

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Parties

Aineah Anwa Mukabane

Applicant

Patrick Ndingro

Applicant

Joanes Ochieng Olunya

Applicant

Naftary Maina

Respondent

Mwangi Maina

Respondent

Ivory Homes Care Limited

Respondent

Procedural Posture

Tribunal Reference / Judgment

Legal Issues

  1. 1 Whether the Applicants have proved the existence of a landlord-tenant relationship on a balance of probabilities.
  2. 2 Whether the Applicants are entitled to compensation for lost items and improvements after alleged illegal demolition and eviction.
  3. 3 Whether the Respondents complied with statutory requirements for altering or terminating a controlled tenancy under Cap 301.

Ratio Decidendi

The Tribunal found that the Applicants had established, on a balance of probabilities, the existence of a landlord-tenant relationship with the Respondents, as evidenced by rent payments, Respondents' admissions, and lack of any statutory notice to alter or terminate the tenancy. The Respondents' actions in blocking access and demolishing the perimeter fence were in breach of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, as no proper notice was issued and statutory procedures were not followed. While the Applicants failed to strictly prove the value of lost items and improvements with receipts, the Tribunal accepted their consistent evidence and the...

Court Disposition

Applicants' reference allowed in part; compensation for lost items awarded; claim for improvements dismissed; costs to Applicants.

Orders

  • Applicants shall be allowed complete quiet possession of the demised premises situate on Chiriku lane within Gikomba Market in Nairobi City.
  • Applicants are awarded compensation at Kshs. 100,000 for lost/stolen tools of trade.