[2022] KEBPRT 225 (KLR)
The court found that the applicant had established, on a balance of probabilities, that the respondents unlawfully denied him access to the business premises by renting them out to third parties without notice or lawful eviction. The respondents failed to oppose the application or provide any evidence to the...
Source-derived case information.
- Citation
- [2022] KEBPRT 225 (KLR)
- Parties
- Applicant: Joseph Murugami Nganga; Respondent: David Mutai; Respondent: Gilbert Kurgat
- Court
- Business Premises Rent Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case E003 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application
- Outcome
- Application allowed with costs to the applicant.
- Judges
- Gakuhi Chege
- Legal Topics
- Business Premises Tenancy, Unlawful Eviction, Access to Premises, Interim Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Joseph Murugami Nganga
Applicant
David Mutai
Respondent
Gilbert Kurgat
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the respondents unlawfully denied the applicant access to his business premises contrary to Cap. 301.
- 2 Whether the applicant is entitled to an order compelling the respondents to grant access to the premises.
- 3 Whether the applicant is entitled to costs.
Ratio Decidendi
The court found that the applicant had established, on a balance of probabilities, that the respondents unlawfully denied him access to the business premises by renting them out to third parties without notice or lawful eviction. The respondents failed to oppose the application or provide any evidence to the contrary. The court confirmed the interim orders previously granted, compelling the respondents to grant the applicant access to the premises and awarded costs to the applicant. The court also directed the OCS, Kaptembwo Police Station, to enforce the orders, ensuring the applicant's rights under Cap. 301 were protected.
Court Disposition
Application allowed with costs to the applicant.
Orders
- The application dated 27th May 2021 is allowed with costs to the applicant.
- The respondents are compelled to grant the applicant access to his business premises located in Kaptembwo-Mwariki within Nakuru County.
Full Case Text
Judgment text and source record
22 paragraphs
Nganga v Mutai & another (Tribunal Case E003 of 2021) [2022] KEBPRT 225 (KLR) (Civ) (25 June 2022) (Ruling)
Neutral citation: [2022] KEBPRT 225 (KLR)
Republic of Kenya
In the Business Premises Rent Tribunal
Civil
Tribunal Case E003 of 2021
Gakuhi Chege, Vice Chair
June 25, 2022
Between
Joseph Murugami Nganga
Applicant
and
David Mutai
1st Respondent
Gilbert Kurgat
2nd Respondent
Ruling
1. The tenant filed a reference under Section 12(4) of Cap. 301, Laws of Kenya complaining that the respondents had unlawfully denied him access to his business premises with intention to evict him contrary to the provisions of the Act. He therefore prays that the court intervenes with necessary orders plus costs of the case.
2. The tenant simultaneously filed a motion dated 27th May 2022 seeking an order to compel the Respondents to grant access to the business premises located in Kaptembwo-Mwariki within Nakuru County. The application is supported by the affidavit of the tenant of even date wherein it is stated that on 25th may 2021, the Respondents rented out the suit premises to other people without notifying the tenant or issuing an eviction notice. The tenant found other people in his timber yard constructing structures as evidenced by annexure ‘JMN2’. He was denied access to the business premises despite the fact that he had been in occupation of the premises for more than 16 years without any problems. He deposes that he needs one year to move from the premises. His business permit was to expire in December 2021.
3. Interim orders were given on 15th June 2021 inter-alia directing that the Respondents grant the tenant access to the business premises subject matter of this complaint.
4. The application is not opposed as no replying affidavit nor any other document was uploaded on the e-filing portal in that regard. In the premises, I shall proceed to confirm the orders earlier granted in the following terms:-i.The application dated 27th May 2021 is allowed with costs to the Applicant/Tenant.ii.There shall be an order compelling the Respondents to grant the applicant access to his business premises located in Kaptembwo-Mwariki within Nakuru County.iii.The OCS, Kaptembwo Police Station is directed to enforce the terms of the above orders.iv.The Applicant is granted costs of Kshs.20,000/- for the reference and application against the Respondents.It is so ordered.
RULING DATED, SIGNED AND DELIVERED THIS 25TH DAY OF JUNE 2022. HON. GAKUHI CHEGEVICE CHAIRBUSINESS PREMISES RENT TRIBUNALIn the presence of:Simiyu for the TenantNo appearance for the Landlord