[2025] KEBPRT 242 (KLR)

[2025] KEBPRT 242 (KLR)

The tribunal found that the landlord unlawfully instructed the auctioneer to proclaim and cart away the tenant's tools of trade despite the tenant not being in rent arrears, thereby interrupting the tenant's business and causing loss. While the tenant's documentary proof of loss was imperfect, the tribunal accepted that strict proof would be unjust in the context of a small, informal business. Guided by precedent, the tribunal accepted the tenant's average daily profit figure of KShs. 2,500 and, resolving the ambiguity in the period of loss in the tenant's favor, awarded damages for 21 days, totaling KShs. 52,500. The tribunal also awarded costs to the tenant, holding the landlord...

Citation
[2025] KEBPRT 242 (KLR)
Parties
Applicant: Shida Mwindia; Respondent: Afua Juma; Respondent: Kithemu Auctioneers
Court
Business Premises Rent Tribunal
Jurisdiction
Kenya
Judgment Date
15 April 2025
Case Number
Tribunal Case E167 of 2024
Procedural Posture
Tribunal Reference / Ruling on Damages and Costs After Withdrawal of Distress for Rent
Outcome
Tenant's reference and application allowed; damages and costs awarded against landlord.
Judges
A Muma
Legal Topics
Landlord Tenant Disputes, Distress for Rent, Compensation for Loss, Assessment of Damages
Source Language
English
Land and Property Civil Procedure Landlord Tenant Disputes Distress for Rent Compensation for Loss Assessment of Damages

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Parties

Shida Mwindia

Applicant

Afua Juma

Respondent

Kithemu Auctioneers

Respondent

Procedural Posture

Tribunal Reference / Ruling on Damages and Costs After Withdrawal of Distress for Rent

Legal Issues

  1. 1 Whether the tenant is entitled to compensation as a result of the landlord's unlawful acts of proclaiming and carting away tools of trade.
  2. 2 Whether the tenant has specifically proved special damages for loss of business.

Ratio Decidendi

The tribunal found that the landlord unlawfully instructed the auctioneer to proclaim and cart away the tenant's tools of trade despite the tenant not being in rent arrears, thereby interrupting the tenant's business and causing loss. While the tenant's documentary proof of loss was imperfect, the tribunal accepted that strict proof would be unjust in the context of a small, informal business. Guided by precedent, the tribunal accepted the tenant's average daily profit figure of KShs. 2,500 and, resolving the ambiguity in the period of loss in the tenant's favor, awarded damages for 21 days, totaling KShs. 52,500. The tribunal also awarded costs to the tenant, holding the landlord...

Court Disposition

Tenant's reference and application allowed; damages and costs awarded against landlord.

Orders

  • The landlord is ordered to pay KShs. 52,500 to the tenant as damages for loss of business within 14 days, failing which the amount may be deducted from rent.
  • Costs of the suit assessed at KShs. 10,000 to be borne by the landlord.